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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 37837
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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My brother-in-law is here illegally ( overstay visa ), he is

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My brother-in-law is here illegally ( overstay visa ), he is in a lot of debt. he has valid SSN, he has valid driver's license. However on his social card has words like "valid for work only with INS authorization". Will the trustee ask him for working permit or proof of some sort at their 341 meeting?

Is this a Chapter 7 or 13 bankruptcy petition?
Customer: replied 3 years ago.


Customer: replied 3 years ago.
Relist: Incomplete answer.

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.

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