You do not have to be a U.S. citizen to file bankruptcy. You do have to be a resident of the state in which you file your bankruptcy case and have lived there for the last 180 days. Filing bankruptcy without being a U.S. citizen does raise one complication. Most debtors who file bankruptcy are identified in their petition by their social security number. If you are not a U.S. citizen you probably don’t have a social security number. In these types of cases the Bankruptcy Code will allow debtors to identify themselves by an “Individual Tax Number” or ITIN. You also have to present a photo identification card. The trustee will accept photo identification cards issued by other countries. Keep in mind that for there is a big difference between not being a U.S. Citizen and being in the United States illegally. I have heard of immigration officials waiting at 341 meetings in order to pick up bankruptcy debtors who are in the United States illegally.
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