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Marcus Parker
Marcus Parker, Attorney
Category: Bankruptcy Law
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Experience:  practicing attorney including bankruptcy
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International debt question.

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History (international debt in USA)

My wife had a business in debt to the tune of 80000 USD before we met. My wife is Danish and the business traded in Denmark (northern Europe). She told the bank that she could not pay it back as we had just found out she was expecting her (our) first baby making the business impossible. The bak has used lawyers letters but has yet not filed for bankruptcy against my wife in Denmark in the court system just yet. FYI debt is against the individual in Danish law so the banks cannot touch assets in my name.

Now we got married and are moving to the USA:

1. Can the debt be transferred across to a US collection agency (giving the USA jurisdiction)

2. Am I liable under USA bankruptcy law (if she filed for personal bankruptcy in USA) if my wife built the debts up before we were married and all assets are in my name.

1. The European bank can file suit in the U.S. against her, or assign the debt to a collection agency which then could file suit against her.

2. If her assets were transfered to your name under circumstances which would constitute fraud against her creditors, those creditors could sue to recover the assets from you. But you would not be liable simply because you are married to her.

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