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  1. #1
    Join Date
    Sep 2010
    Posts
    478

    Default Re: Can You File a U.S. Bankruptcy Case While Living in Canada

    Are you asking if a Canadian insolvency proceeding filed in Canada will stop collection efforts of a debt owed in the US?

    or

    Are you asking if you can file a bankruptcy, under the US bankruptcy laws in Florida while you reside in Canada?

    As to the first question, I do not know since I do not practice in Canada but I do suspect filing a Canadian insolvency proceeding would stop such efforts.

    As to the second question, if your principal asset is located in one of the Districts of Florida and has been so located there for at least 91 days, you should be able to file under the US bankruptcy law but that filing would have to take place in the proper district in Florida.

    As to disposing of assets on the eve of filing, before you do anything, you need to sit down with either a Canadian or US attorney to find out what you can or cannot do.

    As to the summons your received, was the summons issued out of a US court or a Canadian one? If issued from the US court you might want to Google "Hague Convention service of process Canada" to make sure service was proper.

    Since I rarely deal with cross-boarder insolvency proceedings (2x in 30 years) the above is the best I can give to you.

    Des.

  2. #2
    Join Date
    Apr 2018
    Posts
    2

    Default Re: Can You File a U.S. Bankruptcy Case While Living in Canada

    The summons was issued out of a US court to my parents house while I was in Canada. I need to make the lawsuit go away so I can file chapter 7. Do you know if filing chapter 7 will stop the lawsuit? I have less than 20 days.

  3. #3
    Join Date
    Jun 2017
    Location
    California
    Posts
    459

    Default Re: Can You File a U.S. Bankruptcy Case While Living in Canada

    First you are assuming that you can file a chapter 7 rather than chapter 13. It is means tested. Second, you must receive a briefing about credit counseling from an approved agency within 180 days before you file for bankruptcy.

  4. #4
    Join Date
    Sep 2010
    Posts
    478

    Default Re: Can You File a U.S. Bankruptcy Case While Living in Canada

    Quote Quoting rwsimbulan
    View Post
    The summons was issued out of a US court to my parents house while I was in Canada. I need to make the lawsuit go away so I can file chapter 7. Do you know if filing chapter 7 will stop the lawsuit? I have less than 20 days.
    Filing a bk in the proper district in Florida, if you meet the venue requirement, will stop the lawsuit due to the protection of the automatic stay.

    Des.

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