Bankruptcy For Noncitizens
In 2013, immigrants in the United States numbered 41.3 million, or 13 percent of the total U.S. population. Chicago has one of the largest immigrant populations in the United States. Unfortunately, some of those immigrants fall into serious debt. Can a non-citizen receive protection from debtors and file bankruptcy in the state of Illinois? The law says that you can. If you face mounting debts that you don’t think you’ll ever be able to pay, and if you are an immigrant – without regard to your documentation or immigration status – you are eligible for bankruptcy in Illinois, but first, you should discuss your options immediately with an experienced, Chicago-based Illinois bankruptcy lawyer.
Section 109 of the Bankruptcy Code says nothing about citizenship. It applies to all “persons.” Section 109 says that “only a person that resides or has a domicile, a place of business, or property in the United States, or a municipality, may be a debtor under this title.” This language is clear, but the rest of the bankruptcy laws are complicated and confusing for many. You’ll need to speak with an experienced bankruptcy lawyer to understand fully the impact a bankruptcy will have on your finances and your future. If you live in the Chicago area, you may qualify for bankruptcy protection in Illinois.
A bankruptcy filing is a public record. Anyone can access it. If you are an undocumented immigrant, filing for bankruptcy could conceivably have a negative impact on your immigration status. For this reason, it is imperative for you to talk with a knowledgeable bankruptcy lawyer prior to taking any legal action. In some circumstances, bankruptcy may be your only realistic option; in other cases, a different strategy may cost less and be equally favorable. A good bankruptcy lawyer can explain debt negotiation, foreclosure relief, and the other alternatives to bankruptcy that may be better for you. The important thing is to take action regarding your debts. In the Chicago area, whether or not you are a U.S. citizen, if your debts are overwhelming you, discuss your case at once with an experienced, Chicago-based Illinois bankruptcy lawyer.
