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No bankruptcy if overseas until return to US for 180 days.


beeboah
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Hi there,

You naysayers are going to love this, but life will go on anyways.

I have read on multiple sites that I must be resident in the district where I file bankruptcy for 180 days. Since I am overseas and the UK is not part of the US, I guess that I must go back to the US and wait 180 days before proceeding. Can anyone verify this?

Thanks

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Nay.

:lol::lol::lol:

Just kidding. I think that is what it's saying, but the code is pasted below so you can read it yourself. It seems to say if you're moving around within the US you only need to be a resident of the district you file in for 91 days. However, if your previous domicile was outside the US then you must reside back in the US for 180 days before filing. Anyone else reading it differently?

Sec. 1408. - Venue of cases under title 11

http://www4.law.cornell.edu/uscode/28/1408.html

Except as provided in section 1410 of this title, a case under title 11 may be commenced in the district court for the district -

(1)

in which the domicile, residence, principal place of business in the United States, or principal assets in the United States, of the person or entity that is the subject of such case have been located for the one hundred and eighty days immediately preceding such commencement, or for a longer portion of such one-hundred-and-eighty-day period than the domicile, residence, or principal place of business, in the United States, or principal assets in the United States, of such person were located in any other district; or

(2)

in which there is pending a case under title 11 concerning such person's affiliate, general partner, or partnership

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Not much to research. The residency requirement stands. You must be a resident of the state you intend to file in for the greater portion of the 180 days before the filing date. However, since you're out of the US, then you ARE going to have to reside back in the US for the full 180 days before you can file.

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