Can an illegal immigrant without a social security number file for BK

[RNN]

Can an illegal immigrant with no valid social security file for Chapter 7

[sepiid]

i dont see how it would be possible.

[HHM]

If you don't have an SSN; what debt would you be eliminating...what debt do you even have?

However, I concur, I don't think an illegal immigrant with no SSN could file.

[BKOnce]

Now, lemme guess.. somebody had stolen or had bought somebody's SSN ,,, from before.. the grave ??? j/k

[HHM]

If you don't have an SSN; what debt would you be eliminating...what debt do you even have?

However, I concur, I don't think an illegal immigrant with no SSN could file.

You know what, I take that back. If you look at section 109 of the code (Who May Be A Debtor (part a),
"only a person that resides or has domicile, a place of business, or property in the U.S., or a municipality, may be a debtor under this title."

By a strict reading, I see no apparent prohibition against an illegal immigrant filing BK in the U.S. Granted, there may be other practical problems; not having an SSN would be a problem, etc. But, nothing in the code expressly prohibits and illegal immigrant from filing BK.

[sepiid]

providing a positive ID would be nearly impossible.

so how could the court say this is the person filing?

[RNN]

I looked at the code and I agree with you. However I am worried of the legal ramifications of attending a 341 meeting with no valid social security. The debt was incurred using a fake social security number.

[sepiid]

if it was known to be fake i would say fraud would be the likely outcome.

why dont they just steal another identity and walla just like new!

on top of that how could they even prove the debt belongs to that person if they cannot positively ID them as the debtor?

[newbie2]

I looked at the code and I agree with you. However I am worried of the legal ramifications of attending a 341 meeting with no valid social security. The debt was incurred using a fake social security number.

I'd be more worried about being arrested for fraud, identity theft, etc than discharging this debt in bankruptcy. Besides, debts obtained fraudulently are non-dischargable in bankruptcy.

[chriselle]

No creditors will show up at the 341 meeting. But members from the department of homeland might.

[BKOnce]

There are 2 reasons why illegal wants to keep this valuable SSN:

1. Fool immigration agency to get past interview for permanent Green Card and Citizenship.

2. Not to be processed for fraud, criminal charges, and get in jail.. BUT MOST of all -->> AVOID deportation back to their countries later.

So, when you MUST choose between CARRYING someone's debt versus GETTING a valid green card.. they will choose Green Card.. heck.. I don't blame them... I'll get my Green Card too!! LOL

[wonderingrov]

The big question I would have is how the illegal immigrant could take their social security card to the 341 meeting if they don't have a social security number. From what my attorney told me, you have to have a social security card as well as some sort of picture id (driver's liscence, passport, etc) at that meeting.

I could possibly see using fake documents, but why would an illegal immigrant want to risk bringing attention to themselves by taking fake documents to court? Sounds awfully risky to me for someone in their shoes.

[scorpion35]

Can an illegal immigrant with no valid social security file for Chapter 7

i hope not

[Exployer1234]

At the 341 meeting you have to show 2 forms of ID. There is no way an illegal immigrant can pass this test. The trustee would need to see you SS card or birth certificate. If you did not have either of those you would need some other legal document that you can reside in the US.

If a fake SS card is being used doesn't the trustee run these numbers through a data base? I would think that if any debt was obtained with a fake ss card then there could be a lot of recourse coming that person's way.

[HHM]

Well, strictly speaking, you do not need an SSN to file BK.

But the issue with the Fake SSN is a big problem.