Questions about leaving the country

[hopeful7325]

I hope someone can point me in the right direction to get some answers to my questions. Hypothetically, if a person with $100K in student loan debt, and around $30K in credit card debt left the country and moved to Ireland, where he/she was unable to make any payments on these debts, is there a likelyhood of credit card fraud prosecution if this individual ever moved back to the states? If the Student loans go into default as well, would this individual ever be able to collect social security from the U.S.? Given that this individual would file the proper income taxes annually.

Also, what would happen if this individual inherited a small bit of U.S. dollars within a year or two of leaving? Hypothetically, this person may have purchased several items needed for the move using the credit card shortly before leaving. If things don't work out financially in Ireland, and he/she returned is bankruptcy an option, or would they be prosecuted?

Many thanks to anyone who will take part in this hypothetical discussion.

[justbroke]

Just don't come back, is what BB is saying.

[hopeful7325]

Thanks for the input. This individual may return, however, it will probably be 5 or more years. So what you're saying, is given that the credit card debt is around $30K only, and it'll be SEVERAL years before a return, the person will likely be okay to file BK. Sounds good. As long as the tax situation remains above board, they could also travel back and forth without issue, eh?

[justbroke]

Thanks for the input. This individual may return, however, it will probably be 5 or more years. So what you're saying, is given that the credit card debt is around $30K only, and it'll be SEVERAL years before a return, the person will likely be okay to file BK. Sounds good. As long as the tax situation remains above board, they could also travel back and forth without issue, eh?

I don't think under those conditions, anything will be trouble. However, and pure speculation on my part... if they ran up $30K in credit cards on the eve of fleeing the country... that could make the debt non-dischargeable. Remember, the Statute of Limitations stays (the clock stops) when you put yourself outside the jurisdiction of a State or the States. In any event, contacting a BK lawyer upon return, will be the smart thing to do.

[BigJohn]

If the person maintains some framework of a residence in the US and goes to Ireland on a tourist visa or another comparable visa, it would be very difficult to claim the person had left the country so as to have the Statues of Limitations to stop. If the credit cards were in a 3 - 4 year State as regards the SOL and then returns after 5 years, those debts probably will be hard to collect on.

[MAS]

I filed for ch 13 last month my first meeting with the treasurer is in two weeks. My employer is offering me a job outside of the country as well. I also have 50K in student loans.

What happens if i leave the country and stop paying while i am in ch 13 ?

[BigJohn]

Stop paying what? Your chapter 13? If it is your chapter 13 you are talking about, your chapter 13 gets dismissed.

Now are you thinking of getting your chapter 13 dismissed and then move out of the country? If you answer is yes, what kind of visa will you have? If it is a work visa and your creditors find out, then the SOL will not work because the SOL will be tolled (stopped) till you return.