Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do: (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.

Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

What happens to an overseas home in Ch. 7?

  • Filter
  • Time
  • Show
Clear All
new posts

  • What happens to an overseas home in Ch. 7?

    I have a second home in Central America, where I am from, though I currently live in NY. Currently, my 2 kids, 20 and 22, live in the Central American home. I think I may be able to keep the NY home due to the homestead exemption here. I've been looking for information about how the trustee goes about collecting and selling a debtor's foreign assets. I intend to file for Chapter 7 bankruptcy in the near future, but not sure exactly when.

    I have about $76k in equity in the foreign home, which has a value of $134k (mortgage of $58k). I've heard that sometimes the trustee will not pursue an overseas property if it will be difficult, time consuming, and most importantly, will cost more to recover and sell than will be brought in through its sale.

    So I'm curious where I could look to find the info that would help me answer this question. Also, would the country the home is in, or that my children are living there affect whether or not the trustee will pursue it?

    I am very concerned and will appreciate anyone who can help me out. Thanks so much for making this forum a great place to find valuable information for those who are going through tough times.

  • #2
    I heard from my Lawyer that If the Trustee wants to fly overseas and see the home and pursue the selling process, some one has to pay for his expenses. Unless the creditors are willing to pay that, Trustee will dismiss that. Also, it depends on the laws between US and the other country. Most of the creditors won't even show up for 341 meeting.
    It is not that easy process to get that money back to US. Creditors won't come as collective. Unless the overseas property is worth in millions, you are ok. Also, the overseas property they look at book value, not the actual private party value.


    • #3
      Well this is good news....

      but even if the house can get $100,000 in a sale, what is stopping the trustee from flying down there, or arranging with an agency that handles this sort of thing, and getting the house sold? even if all of the costs and expenses associated with selling the house runs to $40,000, that still means that $60,000 was recovered. That's still a pretty big piece of change relative to the total amount of the estate. What do you think?

      Also, how can I look into what the policies and laws are in this type of situation of the country where the house is located? Wouldn't they have to respect the judgement or decision in the US (comity)?

      Thank you very much for your help.


      • #4
        Even worse, in Mexico, for example, an immigrante (immigrant) can't even own property. It's held in a trust. Could be problematic for the trustee.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        I am not an attorney. Any advice provided is not legal advice.


        • #5
          In principal, a BK covers any assets are you own ANYWHERE. Foreign real estate is treated exactly the same as any other asset. If it has non-exempt equity, that equity becomes subject to liquidation by the BK trustee. Thus, your questions is more practical than legal. The trustee will have the legal right to liquidate, the issue is whether the trustee, will, in fact do so.

          With that much equity, I am willing to bet yes. Also, the trustee can keep your case open nearly indefinitely in order to administer non-exempt assets. It will probably come down to the country in which the home is located. As Justbroke pointed out, in Mexico, non residences do a land lease, that is, you lease the land but own the home on top of it (Mexico treats the "house" like personal property). That type of deal is tough for the trustee to do anything with because the lease usually terminates when ever there is any changing of hands of the property, so the trustee doesn't have anything to sell.


          Unconfigured Ad Widget