Can you file bankruptcy without a social security number
It may be surprising to learn that it is possible to file for bankruptcy in the U.S. without being acitizen of the United States, or even a legal resident. For the most part, aslong as you own property or live in the United States, you are eligible to file for Chapter 7 or Chapter 13 bankruptcy. That being said, the court requires all debtors prove their identity to the court – usually with valid government-issued identification and proof of their social security numbers or ITINs. This means that if you don’t have a Social Security number, you will typically need to obtain an ITIN from the IRS prior to filing your case. ITIN stands for Individual Taxpayer Identification Number, and it is a tax-processing number issued by the IRS. It’s generally used for people who are not eligible to receive a social security number. ITINs are issued without regard to immigration status. However, it should be noted that according to NOLO, those who enter the U.S. with a tourist or student visa are sometimes qualified to obtain a social security number (Source: https://www.nolo.com/legal-encyclopedia/can-undocumented-immigrant-file-bankruptcy.html)./
If you do not have a social security number, check first to find out if you are eligible to receive a social security number. This information can generally be found on the IRS website, and if you are not eligible, this link provides instructions on how to apply for an ITIN: https://www.irs.gov/individuals/how-do-i-apply-for-an-itin
According to the IRS sometimes people come to the U.S. with a visa as a tourist or student. In these cases, they can sometimes obtain a social security number, or It is also possible undocumented immigrants may have a social security number. If an immigrant legally enters the country with a tourist, student, or some other type of visa, the immigrant can get a social security number. If the immigrant then overstays the visa term, he or she becomes an unauthorized immigrant, but will still have a social security card with a social security number.
If you need bankruptcy help and do not know of your status in the country you should consult with an experienced bankruptcy lawyer to guild you through the best options for your situation. In Utah the Bankruptcy Guy helps all eligible people file for bankruptcy protection under the U.S. Bankruptcy Code. Call us at 801-221-9911 to set up your consultation.
