Can I File Bankruptcy if I Live Outside the Country?

Question:

Dear Steve,

I had a friend who died in April. I used his address because I am living in Mexico. I contacted a lawyer on the internet and paid the 110 dollars and then found out he couldn’t file bankruptcy because I was not living in Az.

Can I do a bankruptcy from Mexico? I only have ss and teacher retirement for income. I do not have a home in the US only a box for mail in TX.

Steve

Answer:

Dear Steve,

Well, there are ways you can file bankruptcy in the U.S. when living out of the country but at the very least you would need to return to the United States for at least one meeting with the bankruptcy trustee and Meeting of the Creditors. Creditors typically don’t show up.

The process is easier if you own property in the U.S. or maintain a checking account in the U.S.

Basically, under 11 U.S.C. §109, only a person that resides or has a domicile, a place of business, or property in the United States. – Source

But you know what, I’m not an attorney. I’d suggest you chase down a lawyer who is licensed to practice law in a state where you either own property or a bank account. Talk to them.

Otherwise, you’ll just be yet another debtor who no longer lives in the U.S.

Steve Rhode Debt Coach and Author

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

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