Filing bankruptcy from overseas

[kpapt]

Hello all,

I have been away from Virginia, living overseas for the past 3 years but still have all my credit card addresses at a relative's place in Virginia. I also still have my Virginia driver's license. I have absolutely no assets in the US - like home, car or an other physical property. I only have credit card debts and nothing else. I have two questions.

1. Am I eligible to file for bankruptcy in VA if I am currently not living there?

2. How much is the approximate lawyers fees for a no asset, simple credit card debt only kind of Chapter 7 case like mine?

Thank you.

[lostinmich]

Are you planning on coming back? If not, why even file?

[lrprn]

1. Am I eligible to file for bankruptcy in VA if I am currently not living there?

Yes. US law has no requirement that you live in the United States to file for bankruptcy here. You do not even have to be a US citizen to file for bankruptcy (although I'm assuming that you are a US citizen).

2. How much is the approximate lawyers fees for a no asset, simple credit card debt only kind of Chapter 7 case like mine?

Fees are now higher than they were before the new bankruptcy law, BAPCPA, was passed in Oct 2005. Lawyer costs in the US for a no-asset Ch 7 are currently averaging between $1000-1500 depending on the area of the country you file in. (This amount typically includes the $299 case filing fee.) Some lawyers charge on a sliding scale depending on how many creditors you have, and all will charge extra for extra work and court appearances if your case turns out not to be as simple as anticipated.

Are you planning to come back to the US soon and that's why you are filing?

To find a good bankruptcy lawyer to represent you, if you already have a lawyer, ask about her or his experience and successes in bankruptcy cases. If it is not your lawyer’s area of expertise, ask for a referral. People who have filed bankruptcy may be able to suggest a lawyer they used. If you need a lawyer referral, you can call the Virginia Lawyer Referral Service at (800) 552-7977. Hope this helps!

[kpapt]

"Are you planning on coming back? If not, why even file?"

"Are you planning to come back to the US soon and that's why you are filing? "

First of all thank you for your input.

No, I am not planning on coming back--at least not for a long time. Like I said, when I left the country I changed the credit card address to my relative's house and that was more than 3 years ago. At that time I had zero balance on my credit cards. Over the last couple of years I took advantage of their 0% interest checks and burnt my hands in some bad overseas investment. Before I know I am now deep in the hole. The reason I want to file is I don't want them (4 credit card companies) to call and bother my relative's home. Yes, I am a US citizen.

So does anybody have an attorney they could recommend in Northern Virginia area?

Thank you.

[jal1129]

If you are not planning to come back how are you planning to deal with the 341? If you do not show up to your 341 your case will be dismissed. I don't think there are any exceptions.

[kpapt]

If you are not planning to come back how are you planning to deal with the 341? If you do not show up to your 341 your case will be dismissed. I don't think there are any exceptions.

I meant not planning on moving back to the US anytime soon. I will of course have to make a visit for th 341 meeting. I will still be visiting the US once in a while but don't have any plans of living there right now.