Can I file Bankruptcy if I have an ITIN?

Bankruptcy laws don’t require a legal status or U.S. citizenship for a debtor in order to file for Bankruptcy. The U.S. Code, in its title 11 for Bankruptcy, chapter 1 § 109 titled “Who May be a debtor” states that: (a) Notwithstanding any other provision of this section, only a person that resides or has a domicile, a place of business, or property in the United States, or a municipality, may be a debtor under this title. (1)

Therefore, you can file Bankruptcy if you have resided in the United States and had obtained an ITIN (Individual Identification Tax Number).

The Internal Revenue Service issues ITINs to help individuals comply with the U.S. tax laws, and to provide a means to efficiently process and account for tax returns and payments for those not eligible for Social Security Numbers (SSNs). (2)

If you have used another Social Security Number to obtain a loan or credit, you should consult an Attorney because the debts might not be dischargeable. Also, Bankruptcy petitions are public documents, therefore it is important that you get advice from an Attorney to avoid further investigations related to identity theft for filing with a Social Security Number that doesn’t belong to you.

If you would like to know if Bankruptcy can be an option for you, please see this link http://www.scholnicklaw.com/bankruptcy-intake-form/ for a Bankruptcy Intake in my website.


(1) http://www.law.cornell.edu/uscode/text/11/109

(2) http://www.irs.gov/Individuals/General-ITIN-Information