NON Resident Filing. Potential Problem??

[OutOfTown]

My wife and I recently filed a 7 in Dallas, TX and the 341 is on Sep. 19th. We have been living in Mexico for 2 years and I'm afraid that this might cause a complication. Our lawyer has never handled such a case and so I want to be more informed if anything comes up.

Why did we file in Dallas? That is where we lived for many years, went to grad. school, worked, kids born there, etc. We are registered to vote there, we are US citizens, but don't own anything in the States. Most of our debt spans far back and was incurred in the States. Our exemptions fall well under what is allowed, and our income is low.

Basically, it could be argued that no court has jurisdiction over us. Why would a US Trustee or judge dismiss our case? We could disappear but we wanted to file Ch. 7 and fix things legally. Has anyone heard of a case similar to this or have any other insight?

Thanks

[marko56]

I think you'll be fine in Texas. I lived in Mexico for 11 years and had a Miami address. I then went to Asia and returned to the Northeast but still had Florida as my official residence which is where I ended up filing.

According to my attorney, the key is not taking up residency in another state and having the intent to return to the state where you plan to file. As a result I filed in Florida and was recently discharged.

Where else would you file. Secretaria de Hacienda (Mexican IRS)? LOL

Good luck.

[OutOfTown]

Anyone else?

Thanks.