Undocumented immigrant? You may still qualify for Bankruptcy.

July 21, 2014

You may still be able to file Bankruptcy if you are an undocumented immigrant.  Bankruptcy laws do not require that a person be a United States citizen or legal resident.  A person is typically able to file for Bankruptcy as long as he or she lives, owns property or owns a business in the United States. 


In order to file a Chapter 7 or Chapter 13 Bankruptcy, you will have to complete Bankruptcy forms and provide the court with basic information.  One of the requirements is a Social Security Number (SSN), or, if you do not have a SSN, an Individual Taxpayer Identification Number (ITIN) will be sufficient. 


An ITIN is issued without regard to immigration status; the Internal Revenue Service (IRS) typically issues this tax-processing number to those that are not eligible to receive a social security number.  While working in the United States, the IRS expects these individuals to pay taxes and thus provides them with an ITIN for this purpose.  Both non-resident and resident aliens who are required to file taxes with the IRS can obtain an ITIN and use this instead of a SSN for Bankruptcy filing purposes. 


The attorneys at JRQ & Associates specifically focus on Bankruptcy and Immigration, so we can discuss all of your available options.  Contact us to find out whether you meet the eligibility requirements to file a Bankruptcy.    


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