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Physical presence for chpt 7

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    #16
    I have moved out of Cali. I am not even a resident anymore. My visa has also expired.

    So now the questions are:
    How can I know if "serve" notice from court comes in? Can I proxy anyone? a lawyer?
    Worst case scenario; I get a bench arrest; How can I get a confirmaton that civil case bench arrest will not lead to actual arrest?

    MOD: I guess the subject should change to <How to avoid possible bench arrest for debts when moved outside US>

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      #17
      Dpktx78, you didn't say which foreign country you are now in, but I encourage you to look into Chapter 15. It's a rarely discussed bankruptcy chapter that was created when the current US bk law passed in 2005. Chapter 15 provides effective mechanisms for dealing with insolvency cases involving debtors, assets, claimants and other parties in interest involving more than one country. Not all countries have agreed to work with the US in these cases, but yours might be one.

      Here are a few links to learn more about Ch 15:

      Chris Laughton, a UK insolvency practitioner and publisher of InsolvencyBlog.com, has a number of recent posts on the adoption in the UK of the Model



      We haven't had members share any experiences with Ch 15 so far - please keep us informed about what you experience if this chapter looks like it might work for you.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

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        #18
        I am in India and no info for chapter 15 here. The few case study involves huge corporations who have significant assets or business still running within US. Should I go through this mode even though I have no property in US?

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