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Advice regading BK overseas

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    Advice regading BK overseas

    Help! Please is there someone out there who can please give me some advice....

    I have ALOT of bad debt that I incurred with my ex-husband. We have been divorced for over a year and well sad to say, I was stuck with alot that he refused to pay for.

    We originally filed a Chp 13 in 1998 and it fell through as we could not continue to make the payments. I worked really hard to clear up my credit and was doing quite well until 2003 when the marriage fell apart. Hence the reason why I am in this situation now.

    I currently live in the United Kingdom. I am here on a spousal visa and I work here. Because I have this bad debt in the US it would be quite a relief to file BK (#7) and discharge it.

    The vehicles that myself and my ex had, I have surrendered last year. I am working and living in the UK I don't have a clue as to what my options are concerning BK in the state of Florida.

    The advice I am seeking is how to go about doing this properly. Am I able to file Chapter 7 to discharge debt that I incurred whilst in the US? Will it pose a problem that I no longer live or work in the US? If I am able to file, could my creditors request me to send them real property from overseas? (I do not have anything left in my possession that was financed). Can an attorney (with granted POA) act on my behalf in a court hearing without myself being present? Will they look at my income that I am earning in the UK?

    I have NOT renounced my US citzenship nor do I intend to do so. I have a postal address that I use in the US where I am currently receiving the "nasty grams" from these debt collectors.

    I would like at some point to move back to the US and would like to do so with a clean slate. Whilst I am here in the UK I will not be incurring any more debt in the US and would like to handle this situation and have a resolve to this.

    I would sincerely appreciate any advice that anyone can give me.

    Thanks in advance

    #2
    I really don't know how to help you about filing BK on US debt and living outside the US.

    I do have a thought for you, tho.

    Check out Florida's Statute of Limitations on Debt. If you know the last time a Creditor received payment from you, you may be close to not having to worry about it anyway.

    Some states, it's 4 years from your last payment and then the Creditor can no longer legally pursue the debt. At that point, when the SOL expires, many Creditors will sell debt to Zombie Debt Collectors for pennies on the dollar. When the SOL expires, you are no longer financially responsible for the debt, so you don't have to pay.

    Check out the Statute of Limitations. You may be close to home free without having to file BK.

    With no assets, and no US income, sounds like you're basically judgement proof anyway. If the Creditors do sue you, there's no US property to attach and no US wages to garnish.

    Just some thoughts. Hopefully, if I'm wrong, maybe someone else will chime in and correct my comments.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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