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Filing for Bankruptcy

 
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seoulunitarian



Joined: 06 Jul 2004

PostPosted: Mon Aug 29, 2005 11:37 pm    Post subject: Filing for Bankruptcy Reply with quote

Hi,

I was wondering if anyone has had any experience with filing for bankruptcy in America from Korea. Are there any law firms that handle that here? Thanks.

Peace
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wylde



Joined: 14 Apr 2003

PostPosted: Tue Aug 30, 2005 2:21 am    Post subject: Reply with quote

is that why you chose to come to korea? Laughing
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wylde



Joined: 14 Apr 2003

PostPosted: Tue Aug 30, 2005 2:39 am    Post subject: Reply with quote

i don't know about the states, but if you have a list of creditors you should be able to forward the names and amounts outstanding to (i forget the name of the joint used in australia, it is a central office kind of thing) 'somebody', and they will appoint a trustee to handle all matters in the future..

if it is only a small amount with several companies it should not be too difficult to handle alone, but if it is quite comprehensive you may need legal assistance.. first spend a few bob on some phone calls and a few emails to see what they actually require..

if you do declare yourself bankrupt, you will have to pay all income over a certain amount to your trustee...

that also may bring into question your location.. if you were to go whilst in the states, you would need special permission to go offshore for the period of your bankruptcy.. i have no idea what they would/could do if you are already offshore..

my pal is a crud buster in australia.. sometimes i help him out as muscle Rolling Eyes when he has to repo something that someone doesn't want to part with.. and, unfortunately, we have had to screw up a few of our pals and subsequently help them through their bankruptcy..

i'm not exactly sure what you can do here but i do suggest you contact the correct agency in the states before paying for legal assistance here..


good luck pal
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OiGirl



Joined: 23 Jan 2003
Location: Hoke-y-gun

PostPosted: Tue Aug 30, 2005 2:43 am    Post subject: Reply with quote

I think you have to physically appear in court to declare.
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wylde



Joined: 14 Apr 2003

PostPosted: Tue Aug 30, 2005 2:48 am    Post subject: Reply with quote

OiGirl wrote:
I think you have to physically appear in court to declare.


not sure about that, maybe you're right.. but, i don't think so.

once you lodge your papers, the trustee takes over everything for you...

as i said.. my limited knowledge is from australia, it could be very different in the states...
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peppermint



Joined: 13 May 2003
Location: traversing the minefields of caddishness.

PostPosted: Tue Aug 30, 2005 5:08 am    Post subject: Reply with quote

I don't know much about filing for bankruptcy, but I do know that a few of the law firms in Seoul ( maybe other places too ) keep a lawyer from a Western country on staff to handle international issues- if nothing else, they should be able to point you in the right direction.
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Homer
Guest




PostPosted: Tue Aug 30, 2005 6:46 am    Post subject: Reply with quote

But, bankrupcy will not erase any student loans that you have....
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canuckistan
Mod Team
Mod Team


Joined: 17 Jun 2003
Location: Training future GS competitors.....

PostPosted: Tue Aug 30, 2005 7:20 am    Post subject: Reply with quote

I've been reading that it's about to become harder to declare personal bankruptcy in the US as the gov't has tightened the rules, which will come into effect soon from what I understand.
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Pligganease



Joined: 14 Sep 2004
Location: The deep south...

PostPosted: Tue Aug 30, 2005 7:30 am    Post subject: Reply with quote

Check this link...

http://straylight.law.cornell.edu/topics/bankruptcy.html

Might help you out.
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stumptown



Joined: 11 Apr 2005
Location: Paju: Wife beating capital of Korea

PostPosted: Tue Aug 30, 2005 9:25 am    Post subject: Reply with quote

Due to Bush's new laws, as of Oct. 1st if you file bankruptcy, it doesn't apply to credit card debts. According to US law, you have to file in person from the last state of residence. Meaning you can't transfer power of attorney to someone in the states to do it for you.
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