Does bankruptcy put people at risk for deportation?
Many people believe that undocumented immigrants who have accumulated debt and who want to file for bankruptcy will be arrested and deported. However, that actually is not the case.
In order to file for bankruptcy in Federal bankruptcy court, you do not need to be a legal resident in the United States. Generally, anyone that owns property or has a permanent residence or a business, can file for either Chapter 7 or Chapter 13 bankruptcy. In order to file for bankruptcy, you will need to have a valid form of identification to show to the court. Basically, you will need to have either a Social Security Number or an Individual Taxpayer Identification Number (ITIN for short). ITINs are provided by the IRS without regard to immigration status. For the ID requirement a passport or Mexican Consular ID is sufficient.
Another thing to consider, however, is that filing for bankruptcy is a somewhat public action. It is not easy to see the bankruptcy filings of individuals, but it is possible. So, there is a small chance that someone might find out that you filed for bankruptcy and that you are also undocumented. But this would be very rare. The bankruptcy courts and the IRS have no interest in your resident status. Obviously, this is a complicated issue and you should talk this over with an experienced bankruptcy lawyer.
The experienced attorneys at Morgan & Morgan are there for you to help you through your financial issues and answer any bankruptcy questions you may have. Contact us at (706) 752-7089. The initial consultation is free.
Other Frequently Asked Questions:
- Are alimony debt and payments dischargeable in bankruptcy?
- Are my student loans dischargeable in bankruptcy?
- Are tax liens dischargeable in bankruptcy?
- Can a Chapter 7 bankruptcy save my home from foreclosure?
- Can a creditor repossess my car without informing me?
- Can bankruptcy help my credit score?
- Can bankruptcy help with my income tax obligation?
- Can bankruptcy protect my workers compensation settlement funds?
- Can I discharge my old tax debt in bankruptcy?
- Can I file for social security disability while I’m still working?
- Can I keep my cellphone after I declare bankruptcy?
- Can I receive workers compensation benefits if I was injured before or after clocking out?
- Can my re-enlistment bonus be discharged in bankruptcy?
- Can student loan debt be discharged through bankruptcy?
- Can the bankruptcy trustee in my case seize the funds in my bank account?
- Chapter 13 Basics
- Chapter 7 Basics
- Does bankruptcy put people at risk for deportation?
- Get help filing your income tax returns for free!
- How can business owners avoid personal bankruptcy?
- How can I stop debt collectors from harassing me and my family?
- How do I decide if bankruptcy is necessary?
- How do I know if bankruptcy is the right choice for me?
- How does the foreclosure process work in Georgia?
- How long does a bankruptcy case take?
- How long must I live in this area before I can file bankruptcy here?
- I cosigned a debt for a friend and now he won’t pay. What can I do?
- I was fired after being hurt on the job. Can I still file for workers compensation?
- I was injured at work. Can I sue my employer?
- I was terminated from my job after a work injury. Now my condition has worsened. What are my options?
- I’m considering filing a Chapter 13 bankruptcy. Do I have to include all my debts?
- I’m starting to think I may have to file for bankruptcy. Where do I start?
- If I file bankruptcy, can I keep my cars and motorcycles?
- If My Spouse Files for Bankruptcy, Do I Need to as Well?
- Is bankruptcy better than refinancing a mortgage to pay off debt?
- Is child support arrears dischargeable in bankruptcy?
- Is there a minimum amount of debt needed to file for bankruptcy?
- Mortgage and debt relief for active military personnel
- My car has been repossessed. Can bankruptcy help me get it back?
- My Chapter 13 case was dismissed. Can I file a new case and protect my property?
- My doctor released me to light duty, but my employer is insisting I do more strenuous work. What should I do?
- My ex assumed our joint debts as part of our divorce settlement. Now he’s filed bankruptcy. What can I do?
- My house is being foreclosed – What can I do?
- My workers comp doctor has released me to light duty work. Can my employer cut off my weekly benefits?
- My workers compensation doctor says I can return to work, but I can’t do the job. What can I do?
- Ripped off by a debt settlement company?
- Social security benefits — Can a creditor garnish my bank account and seize my social security funds?
- The Trustee Has Filed a Motion to Dismiss My Chapter 13 Case. What Are My Options?
- What are the consequences of filing for bankruptcy in Georgia?
- What are the most common reasons for filing for a Chapter 7 bankruptcy?
- What can I do to improve my credit score?
- What happens to your debt after you die? Will my family have to pay my debts?
- What happens when I owe more than my car is worth?
- What is the means test in a Georgia Chapter 7 bankruptcy?
- What property is exempt in a Georgia bankruptcy?
- What should I do if a creditor demands payment after I’ve filed my case?
- What to expect: First credit counseling course
- What to expect: free bankruptcy consultation
- What to expect: Second credit counseling course
- What to expect: Your next appointment
- When is my bankruptcy case closed by the court? Is it possible to reopen the case?
- Where would my bankruptcy case be filed, and where would the hearings be held?
- Will filing for bankruptcy discharge child support or spousal support obligations?
- Will filing for bankruptcy stop wage garnishments?
- Will I have to sell my primary home, rental property or vacation home if I file for bankruptcy?
- Will paying offan old debt raise my credit score?