You must appear to the 341 meeting of creditors, at a minimum.

Answer Applies to: Ohio
Replied: 1/18/2012

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It is possible to file bankruptcy out of the country but each federal district has its own different policies and requirements for "attendance" at the required Meeting of Creditors.

Answer Applies to: Indiana
Replied: 1/17/2012

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You need to be in the state you are filing for the better part of 180 days (i.e. 91 days), and you will need to personally be at the 341 meeting which is about 40 days after filing.

Answer Applies to: Washington
Replied: 1/17/2012

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It can be done. I have done it. You may have to pay the American consulate to conduct your hearing.

Answer Applies to: California
Replied: 1/17/2012

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Your attorney can certainly file the case for you in your absence. However, you will need to apepar in person for the meeting of the creditors, which will take place more or less 30 to 45 days after you file the case. I suggest that you wait until you come back.

Answer Applies to: Florida
Replied: 1/17/2012

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If you still have a legal residence in the United States, theoretically you can file in that jurisdiction even if you are out of the country for an extended time. You face a few hurdles, however. First, you will need to find an attorney who will take your case without meeting you in person. Second, you will need to provide all the required documentation and sign the petition and schedules under penalty of perjury and get the originals back to your lawyer. Finally, you will need to appear in person at the 341 meeting of the creditors. This is scheduled about 30 days after filing and you are required to attend. If you think you can overcome those hurdles, you should reach out to an attorney to get things moving.

Answer Applies to: Wisconsin
Replied: 1/17/2012

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No, you have to be present for the creditors meeting. You will have to wait until you return.

Answer Applies to: New York
Replied: 1/17/2012

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Yes but you need to come back to US for one hearing.

Answer Applies to: Florida
Replied: 1/17/2012

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You have to take an oath stating that you have resided in Wisconsin for the 180 days before filing a bankruptcy. If you are temporarily out of the country, you may still be able to take this oath. If not, you will not be eligible until returning to Wisconsin. In addition, you have to personally appear at the Meeting of Creditors and that would require your presence in Wisconsin. There are some exceptions to this rule for service members on active duty. You will need to consult with an attorney in greater detail to determine whether your circumstances disqualify you from filing.

Answer Applies to: Wisconsin
Replied: 1/17/2012

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It is possible, but you must be physically present in the United States for at least three months on one court jurisdiction before you file for venue purposes and you have to physically attend a meeting of creditors about 30 days after the date your case is filed.

Answer Applies to: California
Replied: 1/17/2012

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You could file but it would be quite difficult. You would need to have someone with power of attorney here in the States to represent you before the court.

Answer Applies to: North Carolina
Replied: 1/16/2012

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It's pretty difficult given that you need to sign your petition and attend a meeting of creditors. You should consider filing once you return to the U.S.

Answer Applies to: Colorado
Replied: 1/16/2012

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You can file bankruptcy outside of the country if you have property in the United States in the district where you intend to file. Otherwise, you must reside or have your principal place of business in the district where you file.

Answer Applies to: Illinois
Replied: 1/16/2012

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Pursuant to section 341 of the bankruptcy code a debtor must appear at a scheduled meeting of creditors. Technically, you can file while you are not present in the country but you will appear about 5 weeks after the case is filed. If you do not appear the case will be dismissed.

Answer Applies to: California
Replied: 1/16/2012

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You will have to attend personally a meeting of creditors and so you should not file if you cannot go. It is also difficult for an attorney file your case if you are not in the area since you will have many papers to review and sign and the signatures may have to be original signatures. The meeting of creditors is about a month after filing so you should plan to be in the area for at least a month after filing to attend the meeting of creditors.

Answer Applies to: California
Replied: 1/16/2012

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You must personally appear at the 341a meeting unless your assigned trustee will make alternate arrangements. However, visiting relatives is not going to be a sufficient excuse.

Answer Applies to: California
Replied: 1/16/2012

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It is possible to file, but many courts require to be at the hearing. A few may allow you to appear by phone. Ask your lawyer.

Answer Applies to: Georgia
Replied: 1/16/2012

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You must appear at a creditors meeting or receive a waiver. A waiver is difficult to obtain. However, if you meet the criteria then it is possible.

Answer Applies to: Nevada
Replied: 1/16/2012

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You can file when you are out of the country but you would need to be back for the court appearance which is approximately one month after the paperwork gets filed.

Answer Applies to: New York
Replied: 1/16/2012

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Yes, although you will have to make a court appearance in person in about 30 days from your filing date.

Answer Applies to: Washington
Replied: 1/16/2012

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.