How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask NY/MA Attorney Your Own Question

NY/MA Attorney
NY/MA Attorney, Attorney
Category: Bankruptcy Law
Satisfied Customers: 16
Experience:  20 years experience practicing Bankruptcy law
Type Your Bankruptcy Law Question Here...
NY/MA Attorney is online now
A new question is answered every 9 seconds

My husband and I lived in the US for over 6 yrs. We both went

Resolved Question:

My husband and I lived in the US for over 6 yrs. We both went to school and both have US school loans. My husband is a dual citizen. We are both canadian citizens and have returned to canada to live. We incured a little under 30,000 in US credit card debit while going to school. We have no immediate plans to return to the US to live. What happens if we stop paying on our US credit cards? What can they do?? Would it ever interfere with traveling to the US for vacations or buisiness? We have no plans to stop paying our student loans. Can we declare bankrupcy in the US, while living in Canada? Please advise.
Thanks, Kim
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  NY/MA Attorney replied 5 years ago.
If you stop paying your credit card debt it will not affect your ability to travel in the United States. However, your creditors could get a judgment against you here and then pursue you in Canada. Also, if you ever own any property in the United States, ( for example real estate or bank accounts) your creditors could attach or seize those assets. You cannot file for Bankruptcy here unless you actually live here. For purposes of establishing venue the Bankruptcy law, 28 U.S.C. § 1408(1), requires that a Debtor have spent the majority of the 180 day pre-petition period in the Bankruptcy District in which her/she will file in order to qualify as a resident of that district. By not living in any District, there is no court which would have proper venue. Having said all that, it is probable that, if you simply stop paying your credit cards, your creditor will do nothing more than report you to the credit reporting companies. It is difficult (and expensive) to pursue people who move outside of the USA, and they may not bother.
Customer: replied 5 years ago.
So if I do still have bank accounts in the US to pay my student loans, the credit card companies can take money from my bank accounts... so if I plan to do this I would need to find a different way to pay my student loans???? Is this something that you would advise not to do or OK??? If I stopped all payments today, how many years would it take to clear our credit scores?? We may plan on returning to the US to live in 10 plus years?? Thanks for your time. Kim
Expert:  NY/MA Attorney replied 5 years ago.
You should close your US accounts because they will be easy for your creditors to find. It is hard to say how long this will stay on your credit report. If your creditors bother to sue you and get judgments they could be valid for up to twenty years. If not, they should be off of your credit report by the time you return.
Customer: replied 5 years ago.
What are the chances that they will sue?? No one credit card owed is over $11,000 dollars. Last question, promise :) Thanks for your help.
Expert:  NY/MA Attorney replied 5 years ago.
If I could answer that question I would be able to make a living playing poker in Las Vegas. Usually the credit card companies will not sue you, what they do is package your account with $10,000,000 or so of other ad debt and sell it. Sometimes these accounts are sold five or six times. Everything depends upon the company who ultimately ends up with your debt, some are very aggressive, some are not. If you are outside of the USA it will be more difficult, so there is a good chance that they will not sue you. Even if you ultimately get sued by one of these "bottom feeders" you can usually settle with them for short money. They will pay only 3-7% for your account; if they recover 15% of the debt, they are making money.
NY/MA Attorney, Attorney
Category: Bankruptcy Law
Satisfied Customers: 16
Experience: 20 years experience practicing Bankruptcy law
NY/MA Attorney and 3 other Bankruptcy Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.