Can I file bankruptcy if I do not have a Social Security Number?

Yes. You can file bankruptcy in the US if you do not have a Social Security Number (SSN).

  1. There is no requirement that you be a US citizen to file for bankruptcy in the US.
  2. There is no requirement that someone be a US resident to file for bankruptcy in the US.
  3. There is no requirement that someone be in the US legally to file for bankruptcy in the US.
  4. There is no requirement that someone live in the US to file for bankruptcy in the US.
  5. There is no requirement that someone have a SSN to file for bankruptcy in the US.

11 USC 109 states that a person “that resides or has a domicile, place of business, or property in the United States, or a municipality, may be a debtor under this title.”  Debtor meaning a petitioner, bankruptcy filer, person who wants to file bankruptcy.

If you do not have a SSN, you may need to sign a statement to that effect or you could request an ITIN (Individual Taxpayer Identification Number) from the IRS . These are provided by the IRS to those who cannot obtain a SSN.  Although you may file a bankruptcy without a SSN, you must provide acceptable proof of identity at your bankruptcy 341 meeting.

Despite these allowances, if you are an illegal immigrant, you should first consult with an Immigration Attorney before seeing a bankruptcy attorney.  There may be other things recommended for you to do first, etc that an Immigration Attorney could assist you with.

Note that it is a crime to use someone else’s SSN or to fake a SSN.  There are hurdles to face if you do not have a SSN, but all of these things are sorted out when we meet together to consult on your financial situation and discuss the options available to help you.