Expert: Mark J. Markus- California Bankruptcy Attorney - 12/17/2008

Question
Hello, I have been living in another country for the past 11 months.  I still have the same permanent address in the United States in Washington State, and still bank in the United States.  I am self-employed and still pay my taxes in the US.  Business has been very slow this year and I absolutely cannot pay the debt that I owe in the United States.  I do my best and on bad months I at least notify my creditors that I'll be late but it's really just impossible.  Where I currently live, the exchange rate is very favorable and so living here is really the only way I can get by.
I really don't want to go back home if I don't have to.  I'm in a great relationship, living a cash-only life and am really integrating here.  Has a U.S. citizen ever filed for bankruptcy from overseas?
Are there ANY solutions for me?

Answer
Yes, you can file bankruptcy here in the United States if you live overseas, although you would need to physically appear for the Trustee's Examination.  The real question is, why would you need to file here if you're living outside the USA, unless you have assets here that a creditor is seeking to attach.  If you are having issues with debt collection, you may want to consider filing bankruptcy in whatever country you are living in.

For more information on this topic, see my Blog article at

http://bklaw.com/bankruptcy-blog/2008/06/file-bankruptcy-if-you-live-outside-the...