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    alexspatarj's Avatar
    alexspatarj Posts: 3, Reputation: 1
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    #1

    Jan 13, 2011, 07:06 PM
    Foreign citizen being laid-off, $60K plus debt (California)
    I live in California. I'm a Brazilian citizen and have been living in the U.S. since 2005. I make $147,000/year and do not qualify for bankruptcy. I'm being laid-off in two weeks. Since I'm in the U.S. under a work visa, in practical terms, I'm supposed to leave the country within 30 days after being laid-off (that's it!). I have $27,800 in credit card debt and loans and I also owe $33,000 in a BMW I bought last year. That said, at very high level, I owe approximately $61,000. I neither have savings nor assets in the U.S. I will have to leave the country and my debt behind. If eve returning to the U.S. will I be arrested at the airport if creditors get a default judgment against me? Additionally, will be arrested if a bench warrant is issued?

    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 13, 2011, 07:09 PM

    No, we did away with debtors prison along time ago, if you leave, they will get judgements against you, and you will owe more latter. If you move back to the US, or have funds available to the US courts, they will garnish those funds.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #3

    Jan 13, 2011, 07:09 PM

    Can you explain why "I make $147,000/year and do not qualify for bankruptcy"
    alexspatarj's Avatar
    alexspatarj Posts: 3, Reputation: 1
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    #4

    Jan 13, 2011, 10:03 PM
    Comment on ballengerb1's post
    I was told that I do not pass the means test for Califiornia. In other words my income is too high for a single California resident.
    alexspatarj's Avatar
    alexspatarj Posts: 3, Reputation: 1
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    #5

    Jan 13, 2011, 10:07 PM
    Thank you for clarifying this. I read a few articles and was under the impression that in case a bench warrant is issued (for me to show up in court) and I do not respond to such warrant (for being outside the country), immigration officers would take me into custody at the airport next time I visit the U.S.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #6

    Jan 14, 2011, 08:28 AM

    I think you were told wrong "I was told that I do not " who told you this? Millonaires can file bankruptcy

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