Physical presence for chpt 7

[Dpktx78]

Case history:
I took $115K from multiple credit cards at 0% to lower my house mortgage.
Then I lost job and I left USA a year back. Recently my house went through escrow (thanks to the agents) with a loss of $160K (it was sitting "on Sale" for 1.5 years). I didn't make much money from the sale.

Now I have no property in USA except a bank account with $13K. My credit card payments are now defaulted (minimum balance given till March end).

I was advised to file chapter 7 to avoid any arrest warrant during future immigration.

My Questions:
1> Do I need to be in USA (California) to complete the process?
2> Can I proxy someone / lawyer to do all the job?
3> How much approx. will the legal cost be?

[chad9162]

Case history:
I took $115K from multiple credit cards at 0% to lower my house mortgage.

Holy Cr*p!!! My credit limit was like 1/3 that!!


My understanding is yes you have to be here physically for the 341. As for warrants, I think this is a civil matter, not criminal unless they can prove you had intended to commit fraud, but I doubt they'd even waste the time.

[Dpktx78]

My limit was 230K... I have paid 100+ but now absolutely broke to pay the rest...

[keepmine]

This is civil-not criminal.
You'll need to be present at the 341. Since you're out of the country, I'd transfer that money to whereever you are in case you get sued and they get a default judgment and proceed to levy the bank account.

[Dpktx78]

My understanding is:
Creditors will get a default judgement behind my presence.
Then they can ask me to disclose all my asset in court.
And I heard I can earn a warrant for not being present in court for this.
I dont have any commuication channel with any CC.

Is my understanding correct?

[chad9162]

My understanding is:
Creditors will get a default judgement behind my presence.
Then they can ask me to disclose all my asset in court.
And I heard I can earn a warrant for not being present in court for this.
I dont have any commuication channel with any CC.

Is my understanding correct?

Incorrect. This is a civil matter and unless and a judge orders you to be somewhere you don't have to show up. Obviously the other side will win the default judgement since you didn't show up and argue it.

I'm curious how they are going to "serve" you since your last known address sold.....Interesting

Did you give them a new address? If you're out of the country and you've told them this I highly doubt they're gonna seek a default judgement. What's the point, you have no property to lien and are wage garnishment proof. What state did this occur in?

[Dpktx78]

I haven't given them my foreign address. I haven't told anyone anything (even in my family).
Its true there is no question of property / wage but I may need to visit US for business needs. It occured in California.

[chad9162]

Well its up to you. BK doesn't really affect you internationally so why not. In California all a creditor can do is seek a judgement and then attempt to wage garnish sometimes bank levies are allowed. Right now being out of the country I think you'll be fine but if you ever moved back the judgement (if they got one) could be enforced.

[chad9162]

But no civil warrant would be issued....

[Dpktx78]

From another source:
-------
Warrants are not issued in civil cases for failure to appear. If your creditor sued and you didn't show, the court entered a default monetary judgment against you. We don't have debtors' prisons in the US anymore, your crappy credit is not going to get you arrested.

There is one exception. If a judgment was entered and the Plaintiff filed a Motion and Order for supplemental proceedings the defendant has to show for a debtor's examination.

The motion asks the judge to order the defendant to show up in court and failure to show for a debtor's exam can result in a bench warrant being issued.

You don't get arrested because of bad credit. You get arrested because you didn't show for the hearing. At the hearing the court determines your assets and can issue orders to have your personal property seized.
-----------------------

[chad9162]

From another source:
-------
Warrants are not issued in civil cases for failure to appear. If your creditor sued and you didn't show, the court entered a default monetary judgment against you. We don't have debtors' prisons in the US anymore, your crappy credit is not going to get you arrested.

There is one exception. If a judgment was entered and the Plaintiff filed a Motion and Order for supplemental proceedings the defendant has to show for a debtor's examination.

The motion asks the judge to order the defendant to show up in court and failure to show for a debtor's exam can result in a bench warrant being issued.

You don't get arrested because of bad credit. You get arrested because you didn't show for the hearing. At the hearing the court determines your assets and can issue orders to have your personal property seized.
-----------------------

I think you need to do what you feel is necessary. The above post doesn't apply in CA! I've only seen "wage garnishment!" Also if you are ordered to court, you have to be serve, given notice. Also, cops hardly ever take people into custody for CIVIL warrants on a state level and if they did they probably just give you a court date.

Just file BK and be done with it

[DebtEnder]

To file BK means he will have to appear at the 341 meeting so again he has to come back to the states.

Get a pacer account check the district of your last known residence in the states, as that is where they should sue you in, and see if they ever go to court. If they ever do go to the debtor exam then perhaps then you have something to concern yourself with. Otherwise not to much to deal with.

[chad9162]

Get a pacer account check the district of your last known residence in the states, as that is where they should sue you in, and see if they ever go to court.

Isn't Pacer for federal courts? Wouldn't he be sued at a state level, i.e. Superior Court?

[DebtEnder]

Good point

I have no idea how you would sue someone out of country or why you would even bother tbh.

[jessegirl]

You cannot proxy anyone to show in place of yourself for a 341. Do you legally reaside in Cali?