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Bankruptcy in Michigan- Can an “Undocumented” Immigrant File for Bankruptcy?

Michigan Bankruptcy Undocumented Immigrant.

Yes. Eligibility for bankruptcy has nothing to do with immigration status even if that person used a fake social security number or false information to obtain credit. If there is no valid social security number – then the debtor files with their ITIN. The creditors can confirm their claims with the account numbers set forth in the petition. In some cases, correspondence direct to the creditor is necessary.

But remember, undocumented does not mean illegal. Undocumented is the right reference as the determination of illegal status is made by a judges. A person could be in the US legally (not deportable) but has not obtained documentation for whatever reason. The calling of an undocumented person “illegal” assumes legal administrative or judicial determination of such status. It is like calling a criminal defendant guilty before they are convicted.

One other point is that if the debtor filed income tax returns using a bad social security number then there could be an issue regarding criminal liablity. In any event, an undocumented immigrant must file their taxes using an ITIN if they do not have an assigned social security number.