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filing chapter 7 from Canada

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  • filing chapter 7 from Canada

    Heres my situation,
    - I am a PR of Canada and currently live in Canada
    - Lived in the USA (Florida) for most of my life and my assets including rental home and 2 cars are in Florida
    - I received a summons from one of my creditors
    - No intention of coming back to USA and paying my debts
    - I would like to sell my cars prior to bankruptcy if possible

    I would like to file bankruptcy, chapter 7 from Canada since I am not a resident of Florida anymore.

    Anyone know how about to do this and also if there are any paralegals or lawyers willing to help?

    thank you

  • #2
    Re: filing chapter 7 from Canada

    I wish to inform you that the provisions of 11 U.S.C. §109 and 28 U.S.C. §1408 will have jurisdiction in this matter. As you have property in the United States, you may file for bankruptcy even while residing in Canada. However, you may need to travel to the United States in order to attend the Meeting of the Creditors, and if necessary, attend follow up meetings, hearings, and examinations. A bankruptcy petitioner is required to cooperate with the Trustee and answer any required questions before a discharge could be granted. There are exceptions under which a Trustee or the Court may grant exemption from personal appearance. You may contact an attorney and seek guidance.

    AFF

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    • #3
      Re: filing chapter 7 from Canada

      My brother used a US nation-wide firm at debtorguard . com and he was in Toronto the entire time.
      They seemed pretty good. And the price was low.
      You might see if they can handle your claim.
      Circumstances do vary of course.

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      • #4
        Re: filing chapter 7 from Canada

        I was told by a bk lawyer that I could be ordered to appear at least once in the USA and I would have to do so.

        Comment


        • #5
          Re: filing chapter 7 from Canada

          Originally posted by Denise8290
          I was told by a bk lawyer that I could be ordered to appear at least once in the USA and I would have to do so.
          I too, and I indeed WAS required to appear and to fly in from Ireland.
          Just FYI.

          Comment


          • #6
            Re: filing chapter 7 from Canada

            You can apply for Chapter 7 bankruptcy in the U.S. Chapter 7 is the solution of last resort, in which the individual cannot repay a significant portion of his debts. With Chapter 7, the debtor loses all assets beyond those considered necessary for basic living, which are called bankruptcy exemptions. However, the debtor/applicant will have to appear before the bankruptcy court.

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            • #7
              Very helpful everybody, th!!!
              I face the same issues right now and zoom hearings seem to be less used now--inperson is back

              Comment


              • #8
                Originally posted by Lexus
                Re: filing chapter 7 from Canada

                You can apply for Chapter 7 bankruptcy in the U.S. Chapter 7 is the solution of last resort, in which the individual cannot repay a significant portion of his debts. With Chapter 7, the debtor loses all assets beyond those considered necessary for basic living, which are called bankruptcy exemptions. However, the debtor/applicant will have to appear before the bankruptcy court.
                yes that's exactly right, and there's almost no way to avoid that hearing​

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                • #9
                  I have kind of a similar question, but I am in Thailand and need to file as to debts that I had in the United states more than five years ago and in some cases more than 10 years ago. But I really can't afford to get back to the United states I seem to be afflicted with attorney advice I am getting conflicting advice about whether they can arrange them without me getting there, although nobody gives me 100% guarantee.

                  Comment


                  • #10
                    Originally posted by Lexus
                    Re: filing chapter 7 from Canada

                    You can apply for Chapter 7 bankruptcy in the U.S. Chapter 7 is the solution of last resort, in which the individual cannot repay a significant portion of his debts. With Chapter 7, the debtor loses all assets beyond those considered necessary for basic living, which are called bankruptcy exemptions. However, the debtor/applicant will have to appear before the bankruptcy court.
                    Yeah I agree 100%
                    There's really no easy way you can avoid making the one appearance if the judge wants it.

                    Comment


                    • #11
                      Originally posted by rwsimbulan
                      Heres my situation,
                      - I am a PR of Canada and currently live in Canada
                      - Lived in the USA (Florida) for most of my life and my assets including rental home and 2 cars are in Florida
                      - I received a summons from one of my creditors
                      - No intention of coming back to USA and paying my debts
                      - I would like to sell my cars prior to bankruptcy if possible

                      I would like to file bankruptcy, chapter 7 from Canada since I am not a resident of Florida anymore.

                      Anyone know how about to do this and also if there are any paralegals or lawyers willing to help?

                      thank you
                      Did it work out for you?
                      I am about to try the same thing!!

                      Comment


                      • #12
                        Filing for bankruptcy in the United States while living in Canada can be a complicated process. In general, you would need to hire a bankruptcy attorney in the state where you have assets, in this case, Florida, to represent you in the bankruptcy proceedings. It's possible to file for bankruptcy remotely, but it would require working closely with your attorney and potentially traveling to the United States for court appearances.

                        Before you proceed with bankruptcy, it's important to note that it can have long-term effects on your credit score and ability to borrow money. Additionally, bankruptcy may not discharge all of your debts, and certain assets may be subject to liquidation to pay off creditors.

                        If you do decide to proceed with bankruptcy, it's important to consult with an experienced bankruptcy attorney who can guide you through the process and advise you on the best course of action. They can help you understand the different types of bankruptcy, eligibility requirements, and potential consequences of filing.

                        As for selling your cars prior to bankruptcy, you should consult with your attorney to make sure that you are not violating any laws or regulations. It's possible that selling assets prior to filing for bankruptcy could be seen as fraudulent, so it's important to proceed with caution and seek legal guidance.


                        tj

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                        • #13
                          I had a family member that was able to get a waiver for that creditors meeting and basically appear by zoom, but it was as we were coming out of the pandemic so I don't know if that still applies now, but it certainly does in some cases as I saw

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                          • #14
                            Who is the pandemic pretty much over you probably will have to appear once in the usa now, those who zoom hearings during the pandemic are pretty much over.

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