Don’t Need to be a Citizen For a Bankruptcy Filing

Many people wonder if they need to be a citizen of the United States to file a bankruptcy case in the United States. No, you don’t have to be a citizen to file bankruptcy in the United States. You have to be a resident of the place where you plan to file for bankruptcy for the greatest part of the last 180 days. This usually means that you have lived someplace for over three months unless you have been moving around a lot.
Another way you could file for bankruptcy in the United States is if you own property in the place where you plan to file bankruptcy. The reason for this is that bankruptcy jurisdiction derives from property. You really need a bona fide residence for a bankruptcy filing case in the United States if your case is based on residency and not property. I few years ago, some Canadian insurance men stayed in a motel for a few nights at Niagara Falls to try and establish Bankruptcy jurisdiction in New York. They wanted to avoid insurance contracts with Lloyds of London but this did not work.
Even if you’re not a citizen, you still have to establish your identity. Many noncitizens have Social Security cards, even if they are not authorized to work. Uses Social Security card if you have one. Other noncitizens may not even have a Social Security card for Bankruptcy. Never ever use a false social security card. It’s a crime and you will be found out certainly. If that happens, not only will you not get your bankruptcy but you may never ever be able to achieve your immigration or citizenship goals.

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