Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Sorry for the delay. Since a Chapter 7 does not require that the debtor have any source of earnings (unlike a Chapter 13), it's unlikely that the trustee will care one way or the other that the debtor is not legally present in the USA. A Chapter 7 debtor does not need a Social Security Number to file for bankruptcy. The debtor can contact the IRS and obtain an Individual Taxpayer Identification Number (ITIN), and use that during the bankruptcy, instead of a Social Security Number. The worst thing that the debtor can do is to make a false statement on the bankruptcy petition, or at the 341 hearing. The bankruptcy trustee has no special obligation to report the debtor to Immigrations and Customs Enforcement (ICE). But, the trustee does have an obligation to report to the U.S. Department of Justice, where a debtor that makes a false statement concerning his or her bankruptcy. The botXXXXX XXXXXne here is that it's entirely up to the trustee as to what he or she will do, assuming that the question of the debtor's visa status is asked at the 341 hearing. There is absolutely no way to know in advance. Please let me know if my answer is helpful or if I can provide further clarification or assistance.