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Many of us are facing financial difficulty, and for immigrants the situation is often worse. Reports estimate that there are somewhere between 7 and 20 million illegal immigrants in the United States. One area of the law where an immigrant’s rights often come into question is bankruptcy. Do non-citizens, or illegal immigrants have the right to file bankruptcy?
The short answer is maybe. The Bankruptcy Code determines who may be a “debtor,” and therefore file a petition for bankruptcy. The Bankruptcy Code pronounces clearly that “…only a person that resides or has a domicile, a place of business, or property in the United States, or a municipality, may be a debtor under this title” [11 U.S.C. Section 109(a)]. The term “person” incorporates individual, partnership, and corporation… [11 U.S.C. Section 101(a)(41)]. The bottom line is there is no requirement of citizenship in the bankruptcy code.
Therefore, non-citizens and even illegal immigrants MAY file bankruptcy assuming they can present the appropriate identification to the bankruptcy trustee, including a valid social security card or an individual taxpayer identification number. Thus, if you are an illegal immigrant you must have paid federal income taxes in order to file with the Bankruptcy Court, or have a valid TIN issued by the federal government. It is tempting to use a false identification to file, but that may lead to a denial of bankruptcy relief, as well as the bringing of criminal charges. Note that if criminal charges are brought against you as an illegal alien, or as a lawful permanent resident, you may be deported. In any case, contact an Arizona bankruptcy attorney to make sure that you can legally file bankruptcy despite being in the United States illegally.
Read more about our bankruptcy services…
Other ways we may be able to help…
Our Locations
- Phoenix Office – New
Wright Law Offices
2999 N. 44th St., Ste 600
Phoenix AZ 85018
Telephone: 602-456-6085 / 866-703-3287
Phoenix Law Office - Phoenix Office – Old
Wright Law Offices
668 N. 44th St., Ste 320
Phoenix AZ 85008
Telephone: 602-456-6085 / 866-703-3287
Phoenix Law Office Scottsdale Office
Wright Law Offices
7135 East Camelback Road, Ste 230
Scottsdale AZ 85251
Telephone: 480-845-0145 / 866-703-3287
Scottsdale Law OfficeTempe Office
Wright Law Offices
2238 S. McClintock Dr.
Tempe AZ 85258
Telephone: 480-845-0145 / 866-703-3287
Tempe Law OfficeAvondale Office
Wright Law Offices
12725 W Indian School Rd, Suite E-101
Avondale AZ 85392
Telephone: 623-258-4480 / 866-703-3287
Avondale Law OfficeMesa Office
Wright Law Offices
4856 E. Baseline Rd.
Suite #104
Mesa, AZ 85206
Telephone: 480-845-0145 / 866-703-3287
Mesa Law OfficeGlendale Office
Wright Law Offices
20325 N. 51st Ave., Suite 134
Glendale, AZ 85308
Telephone: 623-258-4480 / 866-703-3287
Glendale Law Office
What our clients are saying…
Mr. Wright and his staff were amazing. They made a negative situation a lot better and turned it into a positive. Could really tell they care helping people and I will refer their Phoenix Bankruptcy Attorney firm to friends and family. Thanks again.
I called around looking for the right bankruptcy lawyer and came across Benjamin Wright. He personally called me for the consultation seeing how I live in Kingman AZ. He was very helpful from the start and his staff was very friendly and explained any questions I had, sorry for all the questions. I would definitely recommend Wright law offices, and I do!! Thanks for everything, you made what seemed like a hard thing to do simple!! You guys rock!!!
Great lawyer, he really helped my mother out of a jam. She was totally new to bankruptcy and he talked with us for about an hour and a half to make sure she wouldn’t be worried.
Ben is a kind and down to earth attorney. He worked around my busy schedule as a single mom (school, full-time job, and daycare pick up and drop off times). He explained absolutely everything to me and was good about e-mailing. I am writing this review as a THANK YOU.
I had a very positive experience with Attorney Wright. He or his staff returned my e-mails and calls promptly (even after business hours occasionally). His fees were reasonable. He was patient with me when I showed up in court missing an important document. He is aggressive, but fair and nice.