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Can I Go Bankrupt in the USA while I’m Living in the UK?

By on August 30, 2017

Question:

Dear Jon,

I pretty much have the same situation as Amanda.

I went to school in USA and have a credit card there from Chase Bank called the sapphire card and it had $28,000 on.

I have maxed it out living as a student in the U.K. For two years. I now have a fiancé who is English and we plan on living here. I am in England now on a Canadian visa and have no intent on ever living in the USA again. Maybe live in Canada one day. I cannot afford my credit card payment or my private student loans through Sallie Mae which are $15,000 my parents consigned for them and they are paying but only paying the interest on them. I have no job here, no bills, just a car which I bought in England. No assets in the states.

If I file for bankruptcy in the USA what will happen? Will I need to go to the USA to attend court meetings? How much does it cost to file for bankruptcy? I have no money. Will my credit in U.K. Suffer as well? I need financial advice.

Megan

Answer:

Megan,

Thanks for the detailed information as it helps in advising you on options an outcomes.

Regarding your questions and concerns about going bankrupt in the USA, I would suggest you speak to an attorney there regarding bankruptcy, or someone else who is knowledgeable in insolvency there. Bankruptcy in the US is different than here in the UK, and since you are living outside the US, you need to know exactly how to do this and what will occur, including fees, and if you need to attend.

Even so, while many student loans cannot be included in a bankruptcy in the US, some can. If your parent’s co-signed for the loan(s), they are just as liable for them.

Your credit in the UK is not affected directly by going bankrupt, or having poor credit in the states. While 2 of the credit bureau here in the UK are the same name as in the US, they are different data bases and different in how they operate and are run.

I think bankruptcy in the US will not directly affect you here in the UK, as if you go bankrupt in the states, and are ever asked the broad question, “have you ever been insolvent or bankrupt”, the question is not asking about a country, time, or place.

Get some advice on bankruptcy in the US based on your circumstance and get back to me and we can look at this more from a UK perspective.

Regards,

Jon

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About Jon Emge

Jon Emge is an experienced UK debt advisor who has helped thousands and thousands of people in the UK to deal with problem debt. Jon specialises in finding good solutions for problem debt using a variety of UK specific techniques. If you have a question you’d like to ask about how to get out of UK debt, just use the online form.

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