student loans, bankruptcy....and moving abroad


L

Larry Myerson

So, the deal is that student loans can't be discharged in bankruptcy,
right?

But, if someone is moving to Canada or Mexico (specific case, a person
living in NW Washington, about to move to BC). If a student loan
entity in the US tries to garnish wages in Canda (or Mexico), will it
fly?
 
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B

Brett Weiss

Student loans can be discharged in bankruptcy, but it is a very difficult
process and most people won't qualify.

Moving to Canada or Mexico won't significantly affect the lender's ability
to collect the loan. They'll just proceed in that country.

--

Brett

*****************************************************************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* (e-mail address removed) *
* http://www.brettweiss.com *
* *
* Small Business Estates & Estate Planning *
*****************************************************************

The Small Print: This response is for discussion purposes only. It isn't
meant to be legal advice and you shouldn't treat it as such. If you want
legal advice, speak with a local lawyer familiar with your state's laws who
can review *all* of the facts and the law applicable to your situation.
*****************************************************************
 
H

Hank Freeman

Is that true. I've asked on this forum before about creditors going to
get money in foreign countries???? I thought it would be very
difficult.

Brett- I'm in a similar situation where I will be moving out of the
country to Europe and I am wondering what will happen if I "can't" be
here for the 341 meeting? Do I have to be here or can an attorney
represent me?
 
B

Brett Weiss

You generally must be present for the 341 in person. An attorney cannot
appear for you.

In such situations (with out-of-US clients), I've had the meeting continued
to a date that is convenient for my client.

--

Brett

*****************************************************************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* (e-mail address removed) *
* http://www.brettweiss.com *
* *
* Small Business Estates & Estate Planning *
*****************************************************************

The Small Print: This response is for discussion purposes only. It isn't
meant to be legal advice and you shouldn't treat it as such. If you want
legal advice, speak with a local lawyer familiar with your state's laws who
can review *all* of the facts and the law applicable to your situation.
*****************************************************************
 
H

Hank Freeman

So I guess the bottomline is to make sure the meeting occurs before
one leaves the country.... You would think that it would be possible
to have a conference call.
 
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B

Brett Weiss

The US Trustees generally don't allow it. Difficulty in checking ID and
making sure the person is properly sworn in, they say.

--

Brett

*****************************************************************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* (e-mail address removed) *
* http://www.brettweiss.com *
* *
* Small Business Estates & Estate Planning *
*****************************************************************

The Small Print: This response is for discussion purposes only. It isn't
meant to be legal advice and you shouldn't treat it as such. If you want
legal advice, speak with a local lawyer familiar with your state's laws who
can review *all* of the facts and the law applicable to your situation.
*****************************************************************
 
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