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.

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