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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38910
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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If a couple has been married for the past 26 years, with two

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If a couple has been married for the past 26 years, with two children (one 22, the other 15... both US Citizens) face foreclosure and bankrupcy... and the husband is an illegal resident, age 62, and she is a US Citizen, age 55.... how does the fact that he is and has been an illegal resident for 50 plus years influence the foreclosure and bankrupcy? A little background information is now necessary:

The husband entered the country legally at age 8 with his mother from Canada. At age 14 his mother died, his aunt was given custody and guardianship and he was given a Social Security Number for his aunt's tax and legal purposes. However, at age 18 he found himself on his own and has never registered with the Federal Government for legal status. At about age 32 he met his present wife. They had a relationship for three or four years and were married when he was 36 and she was 29. She knew that he was an illegal resident and both of them have willfully and actively worked together to hide his illegal status even engaging in fraud, purgury, illegal voting in elections, buiness and personal relationships, education, employment, securing business licences as a private contractor, statements on children's birth certificate and other legal documents. The wife has for the entirety of their relationship willfully participated in the deception. She is an licensed and employed public school teacher and he is a struggling licensed contractor who has only worked off and on for the past six years. Six years ago his business adventure as a contractor went into bankruptcy and foreclosre. Now they are facing personal bankruptcy and forclosure of their home that they built around seven years ago. She does not want to face an inditement for actively assisting an illegal resident nor does she want to lose her teaching license, but desperately needs protection from her creditors. Can you read the tea leaves and give me advice that will assist her: (1) avoid an inditement, (2) maintain her professional license, (3) get protection from her creditors, (4) reset her life "legally speaking" at age 55.
The bankruptcy court is completely disinterested in the issue of alienage. The trustee's duty is to liquidate assets and pay unsecured creditors. Similarly, a lender is equally disinterested. The lender wants to be paid, or it forecloses. There is no issue of alienage involved.

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