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

[epiphany]

Ran into this not too long ago. Illegal immigrant basically grabbed someone's ssn out of thin air and began using it as their own. Was able to obtain small credit lines (nice right) and was able to build the credit under their name, DOB, and this 3rd party's SSN. As they built the credit, when you ran their credit under their name, dob and 3rd party's ssn a decent history came up. On top of that they had a job using the same criteria. This person was able to obtain an auto loan. They eventually got in over their head and had to file BK. Prior to filing the attorney was able to take the necessary steps to ensure he was in the country legally and was assigned a real tax ID. They then filed chapter 7 and on the petition actually put that they used a 3rd party's SSN.

We were in a bind because the person openly admitted to using a fake SSN, but was already mounting the defense that it wasnt fraud because they had intent on paying the loans back, and for the most part did so up to this point. The attorney made it very clear that they were willing to go the distance to fight any AP case based on that fact. I was confident that we could win the case, but the debts the person had were not large enough to justify the attorney's fees it would take to win the case.

I am over simplifying the scenario, but you get the point... I didnt think it could happen... until then. I guess creditors will give debt to anyone.

So was this person prosecuted for identity theft then? Are you a creditor attorney? (sorry, was gone for a while and may have missed your history) I just find this incredulous and disgusting....but not at all surprising.

Thanks,

ep

[banca rotta]

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

Show up and do what????

[iv65536]

Another possibilty could be that the immigrant may have had a huge medical bill or have been sued and wants to eliminate once annd for all any possibility that these debts will come back at them. If that's the case, I also don't see why an illegal immigrant from, say, Mexico cannot list debt incurred in Mexico prior to immigrating to the United States.

Would it be reasonable to say that debts incurred anywhere in the world can be discharged by a bankruptcy court here?

[mermaids614]

I was thinking the same as HHM, with no social security number, you have no debts on record.

[iv65536]

The fact that there are no debts on record does not mean there are no debts owed by the hypothetical illegal alien.