All United States residents can request a Social Safety Quantity, in addition to some noncitizens that work or attend faculty who’re approved by the Dept of Homeland Safety. In some circumstances, even these with a sound nonwork cause might request one.
Chapter Code Part 109 requires that, in an effort to be a debtor that may file for chapter, an individual should reside in or have a house, a administrative center, or property in the USA. That’s to say, the Code does not require a social safety quantity, or documentation of citizenship or authorized immigration standing.[1] Type 121 of the Chapter Petition, entitled “Assertion About Your Social Safety Quantity” contains an choice for debtors who shouldn’t have a social safety quantity and for debtors who shouldn’t have an Particular person Taxpayer Identification Quantity.
When a Debtor seems at a Part 341(a) assembly of collectors, the U.S. Trustee would require proof of residency, in addition to proof of identification, that meets sure requirements. Whereas the Code doesn’t require a government-issued picture ID, the Trustee would require identification proofs, together with different normally obligatory documentation in bankruptcies corresponding to earnings paperwork, insurance coverage paperwork, titles to property, and so forth. Even the place a person doesn’t have a Social Safety Quantity, having an Particular person Tax Payer Identification Quantity (mentioned additional under) might make the chapter submitting proceed extra effectively.
Whereas some states don’t enable noncitizens to leverage state exemptions that shield property in chapter filings, America Chapter Courtroom, District of New Jersey does enable its residents to make use of the federal chapter exemptions no matter citizenship standing.
It is usually vital to contemplate how and whether or not submitting for chapter might set off legal legal responsibility or have an effect on your immigration standing. Chapter petitions require disclosure of all Social Safety Numbers and/or Particular person Tax Payer Identification Numbers you might have ever used. This enables collectors the flexibility to make their claims in opposition to you below penalty of fraud prices. However should you work below a unique Social Safety Quantity than you file taxes below, or in case your Social Safety Quantity is “invented” or “borrowed”, then use of that Social Safety Quantity is probably going against the law. Not solely are you presumably uncovered to legal legal responsibility, but additionally the debt you took on whereas utilizing that false Quantity is prone to be dismissed as a result of fraud as effectively. Chapter data are public data that the USA Division of Justice is obligated to research by the Workplace of the USA Trustee. We advocate discussing the opportunity of chapter with an immigration lawyer to guage the attainable dangers that may have an effect on your immigration standing or pending software.
From a sensible perspective, should you shouldn’t have a Social Safety Quantity, one of the best ways to proceed with a chapter petition is to get an Particular person Taxpayer Identification Quantity (ITIN).
Why you may need or want an ITIN:
Does the next apply to you?
- You shouldn’t have an SSN and will not be eligible to acquire one, and
- You might have a requirement to furnish a federal tax identification quantity or file a federal tax return, and
- You’re in one of many following classes:
- Nonresident alien who’s required to file a U.S. tax return
- U.S. resident alien who’s (primarily based on days current in the USA) submitting a U.S. tax return
- Dependent or partner of a U.S. citizen/resident alien
- Dependent or partner of a nonresident alien visa holder
- Nonresident alien claiming a tax treaty profit
- Nonresident alien pupil, professor or researcher submitting a U.S. tax return or claiming an exception
In that case, then you could have already got an ITIN, or ought to apply for an ITIN.
You have to be cautioned that ITINs can expire. For instance: In case your ITIN was not included on a U.S. federal tax return a minimum of as soon as for tax years 2020, 2021, and 2022, your ITIN will expire on December 31, 2023. In the event you ITIN is because of expire, ensure to renew your ITIN.
Total, should you shouldn’t have a Social Safety Quantity, you must doubtless take into account buying an ITIN from the IRS to file your chapter case.
In the event you shouldn’t have a Social Safety Quantity, or are unable to acquire an Particular person Tax Payer Identification Quantity, however are contemplating chapter, we encourage you to achieve out and converse to certified chapter counsel. At Scura, we’re not simply attorneys. We’re skilled drawback solvers prepared that will help you resolve any and all issues you face with chapter or private harm within the state of New Jersey. We now have expertise representing chapter shoppers who shouldn’t have a Social Safety Quantity, and we’re right here that will help you.
In the event you really feel you would possibly require authorized counsel or help, please contact our group of attorneys for a free session.
[1] In re Merlo, 265 B.R. 502, 503 (Bankr. S.D. Fla. 2001) (“The Chapter Code doesn’t exclude debtors from chapter safety just because they haven’t any social safety quantity. Part 109 of the Chapter Code doesn’t require a social safety quantity as a situation of being a debtor.”)
