I’ve been living and working in South Korea for about a year, but I’ve lived in New Jersey for 10+ years before that. My registered address is still in NJ, and I’m a US citizen with a New Jersey driver’s license, passport, and bank account. My parents and friends are also in NJ, and I plan to return after my temporary work visa in South Korea ends.
I have a personal loan, credit card debts, and two collections (one is already in a lawsuit). I’ve been making minimum payments on these, but I’m struggling and have no disposable income. I pass the means test and meet all other Chapter 7 requirements, but I’m worried about the domicile issue. I’ve read about the 180-day and 370-day rule for jurisdiction.
Would I still qualify to file Chapter 7 in New Jersey while living overseas, given my ties to the state and intent to return?
This is a tricky situation, but your ties to New Jersey, like your driver’s license, passport, and bank account, might help. The key issue is whether NJ courts consider it your domicile. You should consult a bankruptcy attorney in NJ who’s familiar with cases involving people living abroad.
The 180-day and 370-day rules focus on where you’ve spent most of your time recently. Since you’ve been overseas for a year, you might have trouble proving NJ is your domicile. You definitely need a lawyer for this one.
Even if you qualify to file in NJ, you’ll need to attend the 341 meeting. That might mean flying back to the US or seeing if they allow virtual attendance, which some courts started doing during COVID.
It’s worth exploring whether you could establish domicile elsewhere if NJ isn’t an option. But since you have strong ties to NJ, a lawyer might help you argue that it’s still your jurisdiction.
Westley said:
It’s worth exploring whether you could establish domicile elsewhere if NJ isn’t an option. But since you have strong ties to NJ, a lawyer might help you argue that it’s still your jurisdiction.
True. Jurisdiction can be flexible in some cases, but you’ll need to provide solid proof of your intent to return.
I’d recommend speaking with a bankruptcy attorney in NJ. They’ll know if your situation qualifies and can guide you on the next steps. Don’t make assumptions—get legal advice.
Nash said:
I’d recommend speaking with a bankruptcy attorney in NJ. They’ll know if your situation qualifies and can guide you on the next steps. Don’t make assumptions—get legal advice.
Absolutely. A good attorney can clarify whether your intent to return is enough to meet the domicile requirements.