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FiveStarLaw, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy Lawyer. Experienced.
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Is there a lawyer in Australia that can help a person with

Customer Question

Is there a lawyer in Australia that can help a person with choices on the best way to pay off debt from another country. Is that person able to file (last resort) bankruptcy from Australia with debts in another country?
Please help.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Firestar1964 replied 4 years ago.



What country has the debt been incurred in?

What sort of debt is it? (credit card, property, business?)

What value are we referring to?

Do you have the capacity to enter into any repayment arrangement, even if it takes up to 3 years to clear all, or part of the debt?

Customer: replied 4 years ago.


The debt is in United States.

Some credit card debt and some private student loan debt.

Total debt with cards and loans $140,000 U.S

Difficult for that person to make payments to a few different institutions, maybe part of the debt, if able to consolidate into one loan one payment.

What are some other ways to pay off debt from Australia and can that person file bankruptcy from Australia with debt in United States while living in Australia?



Expert:  Firestar1964 replied 4 years ago.



Thank you for the additional information, one final question, is this person an Australian or US Citizen? I may need to refer the question to the US based experts for in Australia you can only declare bankrupcty for Australian based debt, not US.

Customer: replied 4 years ago.
That person is an Australian citizen.
Expert:  Firestar1964 replied 4 years ago.


I will need to transfer this question to the US Bankruptcy Law section, although an Australian citizen the debt has been incurred in the US and they may require that the person lodge bankrupty proceedings in the US, as Australia would require it if the person was based overseas.


Secondly, there may be some alternate options other than bankruptcy, we have personal insolvency agreements (Part IX and X) here in Australia which are negotiated with creditors for part of the debt.


I will transfer now, someone should be with you in due course, no need to reply.

Customer: replied 4 years ago.

Bankruptcy is the last resort.


Can you give me a name of a lawyer here in Australia, Western Australia so that that person can get information on personal insolvency agreements (part IX and X) and what is involved if deciding to go with the agreement?


Thank you.

Expert:  Firestar1964 replied 4 years ago.



I am Perth based, and yes, I understand bankruptcy is a last resort. The personal insolvency agreements only relate to Australian based debt, you can not use these agreements for overseas based debt for the local trustee here can not administrate overseas creditor debt agreements for you, that is why I have referred the question to a US lawyer, "socrateaser", who will be with you once your question is shifted across, please be patient, we will assist soon.

Customer: replied 4 years ago.

Thank you for your help so far.

It seems like a complex situation that the person is in and I would like to be able help in passing on some legal advice to that person.


Customer: replied 4 years ago.
Relist: I still need help.
Maurice from Australia was sending my question to the United states branch to see if they can help me there. My question still has not been answered to my satisfaction.

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