Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
In which jurisdiction is your house located (France or California)?
If California, then how much are each of your mortgages, and how much is he property worth?
If California, then were the mortgages originated when you purchased the property, or did you refinance at any time?
If refinanced, then which loan(s)?
Do you have any non-retirement account assets of significance ($$$)?
Thank in advance.
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The reason why I asked for the mortgage balances is that when a 1st mortgage has a balance greater than the value of the property, the 2nd mortgage can be discharged in Chapter 13 bankruptcy. Your facts don't show this opportunity.
Your loans are practically break even with the property, so you could file Chapter 7 bankruptcy, continue paying the mortgage and wipe out the credit card debt. Or, you could just let the house go to foreclosure, wipe out the credit card debt and start over.
None of this will have any effect on your immigration status, and the fact that you are currently residing in France will not impact your ability to file for bankruptcy in the USA.
I think that about covers it. For a consumer bankruptcy attorney referral, see: http://www.abanet.org/legalservices/lris/directory/main.cfm?id=CA and www.martindale.com.
Hope this helps.