Credit Help Center

No. Surprisingly, a person doesn’t have to be a citizen of the United States to file a bankruptcy case under the U.S. Bankruptcy Code.

Bankruptcy is available to anyone who either lives or owns property in the United States.

The Bankruptcy Code states that “Notwithstanding any other provision of this section, 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.” 11 U.S.C. Section 109(a).

There is no requirement of citizenship in the Bankruptcy Code.

A person who lives in the Unites States, whether a citizen or not, must have established residency in the state or territory where he plans to file bankruptcy. A person can file bankruptcy in the state or territory where he has lived the greatest part of the previous 180 days.

And what’s more, a person who does not live in the Unites States can still file bankruptcy in the state or territory where he owns real or personal property.

Both citizens and non-citizens filing bankruptcy will be required to prove their identity and must have a valid photo ID and a valid Social Security Card or Individual Tax Identification Number (ITIN).

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