Some of our clients have asked us whether they need to be a U.S. citizen in order to benefit from a U.S. bankruptcy filing.
The answer is no.
For most consumer bankruptcy filings, however, you’ll need to reside in the U.S. As a general rule, if you’ve lived in the U.S. for more than three months, you should be able to establish that you reside here. It’s also important to note that if you don’t reside in the U.S., but you own property here, you may be able to file for bankruptcy for the sole purpose of protecting that property against any creditors.
You’ll also need to give proof of your identity. If you have a social security card, you can use that. If not, we can help you obtain other documents which you’ll be able to use, such as an “Individual Tax Number” and a photo identification card.
If you are a non-U.S. citizen and you file for bankruptcy, you’ll be able to eliminate a number of your debts in the U.S., as well as some of your foreign debts. A creditor living in another country will not be able to come after your property in the U.S. to satisfy its debt. The creditor may be able to come after any property you own in a foreign country, however, unless you file a bankruptcy case in that country.
If you have questions about protecting your property in the U.S., call our offices to schedule a free initial consultation at 702-903-1208. If you are calling from within Nevada, you can also reach us at 702-903-1208.