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seoulunitarian

Joined: 06 Jul 2004
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Posted: Mon Aug 29, 2005 11:37 pm Post subject: Filing for Bankruptcy |
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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
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Posted: Tue Aug 30, 2005 2:21 am Post subject: |
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is that why you chose to come to korea?  |
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wylde

Joined: 14 Apr 2003
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Posted: Tue Aug 30, 2005 2:39 am Post subject: |
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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 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
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Posted: Tue Aug 30, 2005 2:43 am Post subject: |
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I think you have to physically appear in court to declare. |
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wylde

Joined: 14 Apr 2003
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Posted: Tue Aug 30, 2005 2:48 am Post subject: |
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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.
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Posted: Tue Aug 30, 2005 5:08 am Post subject: |
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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
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Posted: Tue Aug 30, 2005 6:46 am Post subject: |
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But, bankrupcy will not erase any student loans that you have.... |
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canuckistan Mod Team


Joined: 17 Jun 2003 Location: Training future GS competitors.....
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Posted: Tue Aug 30, 2005 7:20 am Post subject: |
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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...
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stumptown
Joined: 11 Apr 2005 Location: Paju: Wife beating capital of Korea
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Posted: Tue Aug 30, 2005 9:25 am Post subject: |
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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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