Wife Debts/ is Bankruptcy a good option

[WinstonC]

So here is the situation.
My Wife has a lot of Student Debt. I believe most of it is Federal student loans. She also has credit card and other debt.
We are currently living outside of the United States. We last lived in in Minnesota. We are thinking about moving back to Wisconsin. The problem is her debt is now in collections. I am concerned that they will go after my assets/wages if we move back to the united States, and even more specifically if we move back to Wisconsin. Which is a community property state. All of the non-Student loan debt happend after we were married.

How should we proceed. Is it possible for her to claim bankruptcy using Minnesota rules while living in Wisconsin.
Can she begin the bankrptcy while living outside of the United States. Just trying too see if its even fee sable for us to move to the Untied States.

[justbroke]

Venue, where you file, will be easy so you'll likely file in Wisconsin. Which bankruptcy rules you use will be more difficult as it's where you lived the majority of the last 2 years. Since you were abroad, that may mean you have to use the Federal Exemption scheme. A bankruptcy attorney will have to look in detail about where you have lived, and when, over the last 4 years to come up with which scheme.

Since Wisconsin allows a choice between Wisconsin or Federal, and given the changes in your domicile over the last few years, you'll likely end up with the Federal Exemption scheme.

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