Do you have to be a citizen to file bankruptcy? 30 Answers as of October 18, 2013

My wife is not a US citizen (but has permanent residency). Can we not file jointly?

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Stephens Gourley & Bywater | David A. Stephens
You do not have to be a citizen, just a legal resident.
Answer Applies to: Nevada
Replied: 10/18/2013
Law Offices of Peter De Bruyn
Law Offices of Peter De Bruyn | Peter De Bruyn
No. The definition of a debtor in the bankruptcy code does not include his immigration status in the US.
Answer Applies to: California
Replied: 10/18/2013
Hayward, Parker, O'Leary & Pinsky, Esqs.
Hayward, Parker, O'Leary & Pinsky, Esqs. | Michael O'Leary
You do not have to be a US citizen to file bankruptcy here; all that is required is that you reside here. Her status as a permanent resident will not prevent your joint filing. You should discuss this matter with competent bankruptcy counsel in your area.
Answer Applies to: New York
Replied: 10/17/2013
Law Offices of N.J. SAEH PC | Noel J. Saleh
Yes, there is no bar on permanent residents from filing bankruptcy.
Answer Applies to: Michigan
Replied: 10/17/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You do not have to be a citizen.
Answer Applies to: California
Replied: 10/17/2013
    Law Office of David T Egli | David T. Egli
    You are not required to be a citizen. You and your wife can file jointly.
    Answer Applies to: California
    Replied: 10/17/2013
    Leaberry Law Firm
    Leaberry Law Firm | John Leaberry
    You can file bankruptcy if you meet the eligibility requirements for the Chapter you wish to file. Being a citizen is NOT a requirement. Immigration status is not affected by bankruptcy unless fraud or moral turpitude is involved. If citizenship is your objective, bankruptcy won't negatively affect your application.
    Answer Applies to: West Virginia
    Replied: 10/17/2013
    The Salas Firm
    The Salas Firm | Ron Salas
    There is no citizen requirement to file Bankruptcy, you may file jointly. cribe.
    Answer Applies to: Colorado
    Replied: 10/17/2013
    Law Office of Shawn N. Wright | Shawn N. Wright
    Permanent residents are permitted to file bankruptcy. There is no restriction.
    Answer Applies to: Pennsylvania
    Replied: 10/17/2013
    Danville Law Group | Scott Jordan
    You do not need to be a citizen to file for bankruptcy protection. Therefore, you can file jointly.
    Answer Applies to: California
    Replied: 10/17/2013
    William Bidwell, Attorney at Law | Bill Bidwell
    No, but beware that a bankruptcy petition can interact with immigration law and affect a non-resident's ability to stay in the US. You may wish to Google "can an alien file bankruptcy".
    Answer Applies to: Michigan
    Replied: 10/17/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    You can file jointly. It is not necessary to be a citizen to be eligible for bankruptcy relief.
    Answer Applies to: Colorado
    Replied: 10/17/2013
    Law Office of Jeffrey Solomon
    Law Office of Jeffrey Solomon | Jeffrey Solomon
    An individual does not have to be a citizen to file bankruptcy. An individual with a green card can file a bankruptcy. Even a person who does not have a green card is eligible, however, it would be safer to consult an immigration attorney as well as a bankruptcy attorney on whether that person should file.
    Answer Applies to: Florida
    Replied: 10/17/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    No, but you need a social security number.
    Answer Applies to: Nevada
    Replied: 10/17/2013
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    No, you do not need to be citizens to file for bankruptcy, you don't even need to be permanent residents, you can file as long as you have assets in the U.S.
    Answer Applies to: Florida
    Replied: 10/17/2013
    Havkin & Shrago | Stella Havkin
    You do not have to he a citizen. You can file jointly.
    Answer Applies to: California
    Replied: 10/17/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Of course you can file jointly. You don't have to be a U.S. citizen to file bankruptcy. I have filed bankruptcy for many people who were not even in the U.S. legally.
    Answer Applies to: Nevada
    Replied: 10/17/2013
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