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Is it possible for me to return to the States and file for bankruptcy?

Date: Mon, 11/11/2019 22:06
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Hi - I'm looking for some answers to a series of questions. I moved to Canada to be with my wife about five years ago. I have a fair bit of student debt and credit card debt back in the States, and I'm looking at the best way to handle it.
1. Is it possible for me to return to the States and file for bankruptcy?
2. What happens to my Credit Card debts if I refuse to pay, and I continue to live in Canada?
Some context: I don't anticipate moving back to the U.S., already have permanent residence in Canada, and may well revoke my U.S. citizenship (for a number of reasons) in 2019, or 2020, depending on how my Canadian citizenship application goes. Any insight you can give me would help




1. How much do you owe? What is your total debt amount? See, if you owe only $20,000, then you won't qualify for bankruptcy.
2. What about your creditors? Do they know that you are living in Canada? The creditors are likely to pursue you in the country where the debt originated. Your creditors can call you in Canada. They can send notification letters through the US mail too. However, it's quite costly to sue you across the international border to seize your Canadian assets or income.

If the debt amount is not huge, creditors are less likely to pursue you legally in Canada because it's too expensive. If creditors wish to collect debts from you in Canada, then they have to take the following steps:

They have to file a lawsuit in the USA and win judgment against you.
They have to appeal to the Canadian court to get the debt acknowledged there.

Sub: #1 posted on Wed, 11/13/2019 - 21:47

Nick Jonas Nick Jonas

(Posts: 428 | Credits: )

Yes, most likely, your creditors won't come after you in Canada. However, if you have plan to come back to the USA, then it might be a problem for you to opt for credit since your credit profile won't be in a good state.

Sub: #2 posted on Thu, 11/14/2019 - 23:27

Good Nelly Good Nelly
Industry Expert
(Posts: 2825 | Credits: )

Just curios. Is there a reason the accurate post listing a Canadian Supreme Court case and the applicable International treaty was removed?

Des.

Sub: #3 posted on Mon, 11/18/2019 - 03:38

despritfreya despritfreya

(Posts: 175 | Credits: )


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