Question Flying/Passport....???

[jamesd1967]

I have a question. Another individual who filed for bankruptcy told me that after a person files for either Chapter 7 or Chapter 13 it is diffilcult for them to travel abroad and/or get a US Passport???? Personally, I have never heard of this. Has anyone in here. I mean to me, it just doesn't make any sense to file bankruptcy and then not be able to travel overseas....????

[HHM]

Not true.

Here is a link to the actual passport application, nowhere does it ask you about your financial info.

http://www.state.gov/documents/organization/79955.pdf?

[jamesd1967]

so filing bankruptcy wouldn't either raise a "red-flag" on a person and put them on some sort of a screening list????

[newbie2]

so filing bankruptcy wouldn't either raise a "red-flag" on a person and put them on some sort of a screening list????

Absolutely not! Filing bankruptcy is a civil procedure, NOT a criminal act.

[SweetGeorgia]

But there is a thing called "Passport Denial Program." If you owe more than $2500 in child support (as certified by the states, passed along to HHS, and then to the State Department), then they can refuse to issue you a passport until you pay.

And as you know, child support is non-dischargeable.

[jamesd1967]

Most certainly not the case with me. No chlld support or back taxes owed here. Even my student loans are in a deferred status at this time. I was simply wondering, along with another person, that if someone filed bankruptcy would "slow" them down at an airport like place them on some sort of "watch" list or something ridiculous like that. I've been flying somewhat regularly since, last time was just in April of 2009, and haven't had a problem yet. LOL!!!!!

[flyinbroke]

Yes but not paying court mandated child support or taxes is jail-worthy, not civil. If you committed a crime, then it will be difficult to get a passport.

BK is civil and should not affect the ability to get a passport.

[justbroke]

I have never read anywhere a civil case affects the issuance or renewal of a passport. The Health and Human Services "passport denial program" is specifically for deadbeats. They don't need to be leaving the country, if you ask me.

[HHM]

This is one of the oddest BK myths I have come across.

[justbroke]

I guess the other old myth is that you'll never work again. I can certainly understand how people have forged in their minds that BK is a bad thing. I didn't understand bankruptcy, actually, until after Donald Trump has done it several times, and the movie... What's The Worst That Could Happen (2001). From then on, I knew it was just a "technical" procedure.

However, many people have it drilled into their skulls that bankruptcy is evil and people who file bankruptcy are lepers.

(My favorite two lines from What's the Worst that Could Happen are... "Bankruptcy is the only option." and "Yeah, that's right--a simple little technical procedure.")

[BrokeIn2010]

This is one of the oddest BK myths I have come across.

I'll give you one: File BK and get deported.

My wife is a Greencard holder (legal) and one of creditors when we filed after the birth of our 1st son in 2003 (thank you crappy HMO) said that my wife could be deported if we filed BK as filing Ch. 7 or Ch. 13 was 'fraud' and 'misrepresentation' on the behalf of a Greencard holder (both deportable offenses). And that I (natural born US citizen) would be jailed for Greencard and Credit fraud.

Guess what: Eight years later, and the only time we get contacted by INS (or whatever they call themselves these days) is whenever there's a regulatory change or a due date coming up.

[HHM]

I'll give you one: File BK and get deported.

My wife is a Greencard holder (legal) and one of creditors when we filed after the birth of our 1st son in 2003 (thank you crappy HMO) said that my wife could be deported if we filed BK as filing Ch. 7 or Ch. 13 was 'fraud' and 'misrepresentation' on the behalf of a Greencard holder (both deportable offenses). And that I (natural born US citizen) would be jailed for Greencard and Credit fraud.

Guess what: Eight years later, and the only time we get contacted by INS (or whatever they call themselves these days) is whenever there's a regulatory change or a due date coming up.

I haven't come across that one in such a dramatic form, but I have heard non-U.S. citizen express concerns about their citizenship applications if they file BK.

[BrokeIn2010]

I haven't come across that one in such a dramatic form, but I have heard non-U.S. citizen express concerns about their citizenship applications if they file BK.

The way it was explained to us by INS: It's only a issue if it was a clear case of fraud (go out by a bunch of luxury items, never intending to pay) or racking up a tax debt, or criminal business dealings.

[ben1381]

My wife is a green card holder and I hope to get her citizenship after our finances have stabilized and I can afford to pay the fees and I'm not anticipating any problems. The only issue I have heard and I don't think it is an issue at all is that naturalization requires someone to be "of good moral character" but I haven't heard that filing BK takes away "good moral character".

[BrokeIn2010]

I went around and around this when me and my wife filed for her GC, your mileage may vary of cross-- this is just what we were told: The INS told us that they're looking for fraud, illegal or questionable transactions, stuff that is a criminal act or you knew going into was a illegal/fraudulent. Hitting a bump in the road and having to file BK shouldn't be a issue, so long as it was lawful, properly executed, and they didn't dig up anything in the process-- knowing lying on your documents, non disclosure of assets, getting a case of stupid and trying to hide assets only to have the trustee dig it out and nail your ass to the barn door.