Please help me, I am desperate

[JessDoll]

I am an Australian citizen but have a green card and have been living in CA for 8 years. I have made a series of poor decisions that has lead me to the position that I am now in. I have called so many attorneys in my area but no one will give me legal advice unless I put them on retainer. I am trying to research online but I am finding it difficult to get the info that I am after. Here is my story...I have been married 8 years. I wish to file for divorce. I own our primary residence as my sole and separate property. We did so to protect our business. Dumb mistake! Any way I owe $550,000 on the house and it will only sell for about $450,000 at most. We own a business that we could sell for approx. $75,000. We have business debt of approx. $30,000. Credit card debt about $40,000 and a car that we are also upside down on owe $30,000 worth approx. $20,000. I am moving back to Australia with no job. I will have no means to pay the mortgage so it will forclose. Can I be sued for the difference if I am in Australia or will it not be worth it to the lender? We have about $30,000 in cash and $15,000 in a retirement account. I do not care what happens to my credit in the US. What would happen if I took some of the cash to Australia? Do I have to file bankrupty or will anyone care. It is so confusing. I am trying to do what is right but my husband is not wanting to work this out. He is just trying to somehow keep "his" business. Does anyone know the ramifications of moving overseas and having a home forclose and debt go unpaid. I am afraid and I do not know what to do.

[Minnymouth]

Only an attorney can answer the questions that you need asking, and you shouldn't have to pay a retainer to get the answers either. Check with the Australian Consulate and see if they can put you in touch with someone who can help you with your issues.....

[KevinR]

Hmmmm, interesting. I don't know if credit ratings follow you outside the country. I assume most countries have a system similar to ours, but I doubt that the information passes across the border.

While there is some international cooperation when it comes to criminal acts I don't believe that civil matters can cross the ocean.

If I were a gambling man I would say if you moved back to Australia nobody is going to give a crap about who you owe money to back in America. But I really don't know for sure.

One possible way to find out is to call up a major bank in Australia and ask them how they run credit checks. Specifically, do they check any of the American agencies (Trans Union, Equifax, or Experian).

[SinkingFast]

I don't think they do. Just a guess here based on the experience of some friends of ours.

They had some sort of financial problem in the States, so they moved to Oz and lived there a long time. They eventually moved back to the States. They had no problems at all living in Oz.

They had their own business in the States before they left. Built the same biz in Australia and thrived there until they were ready to move back home.

[JessDoll]

Australia does not use USA credit scoring. I actually am a Vice President at a bank in the US and I have worked in banking in Australia. I am really just scared about the house...that is such a lot of money. I can not stay here and proceed with a divorce and bankruptcy because of how my husband is going to behave. Since hubby has nothing to do with the house it should just forclose and not affect him. If I took most of our cash he would still have the business which generates enough money to pay the consumer debt and then some. I need some money to move and live in Australia because the employment market is tight there. Thanks for everyones insight. I wish I could get an attorney that could just be straight with me. Also does anyone know if for instance I did just move back to Australia and everything here forclosed etc. could I visit the US say years later. It would be under my maiden name? I was just wondering if I ever did try to enter the USA for vacation if they would know, because I have been reading that the mortgage co. could try and sue me. It is so much information. I feel so overwhelmed.

[SinkingFast]

You could file BK, include the house and any debt you want discharged, and move on in a relatively short period of time.

Once you file, you only have to hang around for 30 days or so, just to be here for the 341 Meeting. Once that's done, you probably won't have to appear in Court again. You'd probably be free to leave at that point. The BK could proceed along without you. Even if you are required to stay, you're looking at 3-4 months tops, if you file Ch 7.

You can monitor what's going on from your computer anywhere you are. Just log onto PACER, get an ID and password, and you can keep up with your case.

If they make you a Ch 13 filer, you can set up your payment plan and move on quicker than that. You'd just have to establish some way to pay in US dollars on a monthly basis.

I don't know that Foreclosure or any unpaid unsecured debt would prevent you from coming and going. Tax evasion sure would getchya. So be sure your taxes are paid before you leave if you ever wanna come back.

Maybe there's someone with more experience in the area of international travel that will chime in. I know the few times we've come thru customs, our experiences have varied. When we were younger, we got the full "could be drug smugglers" treatment. Dogs, take licenses/passports and run wants and warrants, our bags and bodies searched, etc. As we got older, coming back in with kids, we didn't get a second glance. But that was all pre 9/11. We were detained once for over an hour 20+ years ago. An hour would be nothing today. But every time, they're looking for criminal offenses. Not financial affairs.

[JessDoll]

Thanks for your thoughts. Either way I am going to file once I am back in Australia. I do not have any support here and I am worried what my husband will do. I think we need to split assets in the divorce first before I am file BK anyway or do them together but I am pretty sure hubby will fight over the divorce so we could be talking a long time frame. If that is the case I will go home file for divorce and if need be file BK later and just come back for the 341 meeting. If it appears that the debt is not going to have an affect on anything in Australia I will just leave well enough alone until it does. I am so mad at myself for getting into this situation.

[LostOne0069]

Hi JessDoll,

First, I just wanted to say that I can understand why you want to go back to AU. I spent 11 days in Sydney a couple of years ago and if I could afford to move there and live... I'd do it in a heartbeat. AU is a fantastic place and the people are really wonderful!

Second, on to your problem. Sorry you're having such troubles, it's bad enough to have financial problems... but marital problems on top of that must be really painful. I'm lucky in that my wife is very supportive of me and our financial problems have never threatened our marriage.... even though I'm the biggest cause of the financial problems.

I would strongly recommend that you talk to an attorney or two. It's free, you dont' have to hire them. Tell them your situation and they'll be able to at least tell you if you have to worry about getting sued.

I would expect that you have nothing to worry about, especially if you get divorced and go back to your maiden name... with no US social security number you'll probably be considered a completely different person and not have anything in the US credit system that connects the two names together.

Talk to an attorney. Really. It's the only way that you'll know for sure.

Good luck!

[GoingDown]

Thanks for your thoughts. Either way I am going to file once I am back in Australia. I do not have any support here and I am worried what my husband will do. I think we need to split assets in the divorce first before I am file BK anyway or do them together but I am pretty sure hubby will fight over the divorce so we could be talking a long time frame. If that is the case I will go home file for divorce and if need be file BK later and just come back for the 341 meeting. If it appears that the debt is not going to have an affect on anything in Australia I will just leave well enough alone until it does. I am so mad at myself for getting into this situation.

I really think you are quite safe from American creditors if you move back to Australia without filing bankruptcy or really doing anything at all about the debts. It would be so expensive for them to do anything to you at all in Australia, and even if they tried, it would most likely be unenforceable in Australia anyways. My guess, the American creditors would throw up their hands in the air, and just write off as a loss, and start the long process of selling off the bad debts to the bottom feeders, which aren't going to spend the money necessary to bother you in Australia. And since this is just a civil matter, you can come and go back and forth between America and Australia without this affecting you at all. Just use cash when you are here, or use an Aussie credit card. But I wouldn't put any money into an American bank while you're visiting here, because they could seize it.