At one time or another, many of us face financial difficulties that leave us searching for answers and for help. For immigrants in this country, the situation is often worse.

One area of the law where an immigrant’s rights often come into question is bankruptcy. Do non-residents, or illegal immigrants have the right to file bankruptcy?

The Bankruptcy Code determines who may be a “debtor,” and therefore file a petition for bankruptcy. It does NOT include any requirement that a debtor be a resident or a legal alien. Therefore, non-residents and illegal immigrants MAY file bankruptcy assuming they can present the appropriate identification to the bankruptcy trustee, including a valid social security card.