Lewes, DE asked in Bankruptcy for Virginia

Q: I currently live and work in China, but want to file bankruptcy in the US. How can I start?

I teach English in China and get paid in Chinese Yuan, but I don't have any US tax forms (W-2/W-4) or anything since those are not used here. I've lived in China since September 9, 2017, so it's been more than 180 days since I've lived in the States. I'm going to live in the US over the summer, but then I'm moving to London in late September. What state should I file bankruptcy in and how can I go about it without pay stubs or anything from my time in China? My last address was in Virginia, but I moved from there in June 2017 and then just stayed with relatives all summer 2017. Any information you provide is greatly appreciated! Thank you!

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1 Lawyer Answer
Robert R Weed
Robert R Weed
  • Bankruptcy Lawyer
  • Annandale, VA
  • Licensed in Virginia

A: You are allowed to file for bankruptcy in your domicile, which is the place you plan to "remain."

It sounds like you have NOT left the US for good, so you have some sort of US domicile.

To put it differently, your if you didn't leave the US permanently, your domicile is the last place you lived.

Sounds like that's Virginia. It would be handy if you had some sort of Virginia address.

Unless you are stationed overseas for the United States (doesn't sound like it since you are paid in Yuan) you would have to be in Virginia for your BK hearing date, usually five weeks after you sign your BK papers and send them in.

During the time you are here, will you be near the part of Virginia where you lived last?

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