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Student loans and claiming bankruptcy in another country

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    Student loans and claiming bankruptcy in another country

    Now I know that student loans can't be filed under bankruptcy in the US, but what if you have a US student loan and move to another country, and let's say they sell the debt to the collection agency in that country (as I've read some companies might do), would you be able to claim bankruptcy on that debt in the current country you reside in?

    #2
    There is no way anyone can answer that question here. First, you don't even mention the country in question...Second, even if you did, no one here has any knowledge about the BK laws of the other country.

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      #3
      My apologies. I guess I'm more curious if the US government would try to force payment on a federal or state student loan, even if you moved to a country that allowed student loans to be filed for bankruptcy. For example in Canada you can file for bankuptcy on student loans if it's been ten years after you've graduated.
      Last edited by dionattan; 12-04-2007, 05:54 PM.

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        #4
        Remember us collection laws only apply in the U.S you could move to any other country and you are a new legal entity. You could have credit in most countries they do not use the same point system that they use in the U.S but also credit in like European countries is not as accesible to get as in the U.S!!! Now if you worry about the debt in the U.S well as long as you don't have any assets or money deposit here is like you don't exist!!!!!!!

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          #5
          it's an interesting question. but if i were moving to a different country for the rest of my life i don't think i'd worry about it. how would they ever know where you are, where you went?
          Filed Chapter 7 Pro-Se May 29, 2008
          341 July 1, 2008
          Discharged September 4, 2008
          Closed November 10, 2008 :-)

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            #6
            Originally posted by danaf View Post
            it's an interesting question. but if i were moving to a different country for the rest of my life i don't think i'd worry about it. how would they ever know where you are, where you went?
            If you use a bogus address in the States or a PO Box as an address it's hard for normal Joe Shmoe to find someone. Other than my IRS tax filings I vanished from 2004 - 2006. But, Uncle Sam has ways of finding us if the need arises.

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              #7
              Originally posted by dionattan View Post
              My apologies. I guess I'm more curious if the US government would try to force payment on a federal or state student loan, even if you moved to a country that allowed student loans to be filed for bankruptcy. For example in Canada you can file for bankuptcy on student loans if it's been ten years after you've graduated.
              I'm not questioning what you're asking, but it sounds a little strange for one country to discharge a debt that they don't have jurisdiction over. Or maybe I don't fully see what you're getting at....

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                #8
                I don't think the Canadian BK would "discharge" the debt because of the jurisdiction issue the jp2861 mentioned. The canadian bankruptcy would probably make it impossible for the student loan lender to collect the debt against you in canada...but if for whatever reason, you had to move back to the US, the debt would be fair game.

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                  #9
                  Originally posted by dionattan View Post
                  Now I know that student loans can't be filed under bankruptcy in the US, but what if you have a US student loan and move to another country, and let's say they sell the debt to the collection agency in that country (as I've read some companies might do), would you be able to claim bankruptcy on that debt in the current country you reside in?
                  Might depend on how "friendly" that foreign country is with this country - if an asskiss ally (like Great Britain) you might not be able to discharge it and British collection goons will resort to the same crooked practices as most in this country.

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                    #10
                    Even now the US has the most friendly
                    BK law in the world.
                    regards,
                    emoney

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