Bankruptcy, Divorce and Imigration...oh my!

[holdenbw]

I am setting up appointments with local bankruptcy lawyers to get their advice, but I wanted to put this down for others to give additional assistance. I have $50,000 in unsecured debt in four credit cards. Vehicles our ours, but we need to remove each others name from the titles. Hope to use a quick claim deed to remove my rights/ownership of the house. My name would not be removed from the mortgage right away, as she would not be able to refinance in her name solely. In filing bankruptcy, I am only looking to eliminate the CC debt, not the mortgage or child support (which is not allowed anyway.) I am stalling as I felt filing would be best for her sake after the divorce is complete. I don't wish to risk the house getting involved. My truck, though valued roughly at $1400, should be able to be exempt due to the A/C which only blows out the defrost, power windows which have been disabled as the fuse so they don't kill the battery each night, and the general rough look of the truck (ie cracked dash, worn off side stripes, ripped/sunken seats) Figure I will take pictures with me to the 341. I also now have a long distance girlfriend who lives in Australia. She is willing to assist me with getting a visa to move over there once the divorce is complete. We have met in real life twice. From what I have read, my passport should not be affected by a bankruptcy. But will having a bankruptcy affect my getting a visa (again I have not read of them needing a US credit history) and will I have to claim a US bankruptcy on financial documents if I apply for a loan, etc in Australia.
Also, back to the divorce, I am allowed to request half of the marital debt from her, which would be around $5000. If I file for bankruptcy, what would happen with that if she had agreed to pay? It is easier for us both if I forget collecting that?

Thank you for your time.

[newbie2]

You have so many different issues going on that you need 2 attorneys to decipher it all: A bankruptcy attorney and a divorce attorney. One thing though, do not remove yourself from titles to anything prior to talking to attorneys. (No quit claim deeds, no removing names from titles on cars, etc.)

As far as a visa, I have never heard of a visa being denied because of credit history. I wouldn't worry at all about what happens if you apply for credit in Australia, you have enough on your plate right now to even consider adding new debt in a foreign country.

[IamOld]

I think you'll truly have a fresh start - your finances here will not follow you there. New country, new...girlfriend, new life, new everything.

God speed, mate!

[holdenbw]

Thanks to IamOld for the well wishes A fresh start is the main reason I am looking to bankruptcy. The idea of going there with $50k debt, or even a possibly reduced $20k debt is not very appealing.

And to Newbie2 - yeah, I can't seem to keep things easy can I? lol The only thing I removed my name from was the bank accounts, because she was afraid I would steal money from her. As for debt in Australia, I am just trying to be forward thinking. I know that in 2-3 years, my girlfriend will be wanting to move into her own house instead of staying in the rental. So if paperwork asks "Have you ever had a bankruptcy?" I figure I would answer NO, which would be lying. Is there a chance that my lie then could be found out? In Australia, "if you lie or omit details about your [Australian] bankruptcy you may face criminal conviction or imprisonment." I'm just trying to assess the long-term affects of declaring a bankruptcy.

Thanks to both of you for your responses.

[IamOld]

Wow - good luck again! (Not speaking for Australian law, but I'm not sure anything OUTSIDE of AU would count...it may be worth a few quid to ask an Australian solicitor.)

By the way (and PM me if you'd like) how did you find a job there? I honestly wouldn't mind making the move myself...my son would love it!

[kornellred]

Australia is cutting back on it's immigration quotas, and they are only accepting people who have marketable skills. You can't just decide to go to Australia to escape conditions in your own country. I have heard that if you are there on a work visa, you must physically leave the country in order to have the visa renewed. That may or may not be true, but you will not be allowed to roam the continent with impunity.

[IamOld]

Australia is cutting back on it's immigration quotas, and they are only accepting people who have marketable skills. You can't just decide to go to Australia to escape conditions in your own country. I have heard that if you are there on a work visa, you must physically leave the country in order to have the visa renewed. That may or may not be true, but you will not be allowed to roam the continent with impunity.

Thanks!!!! I do know that...sadly, my fields are not in high demand - that is, there is zero reason to hire someone from abroad...

[JackBondLove]

If he marries an Australian citizen, he will be able to immigrate there, irregardless of his skill set.