Can a foreign national, without a visa, file for bankruptcy in the US?

Asked over 3 years ago - Dallas, TX

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I am a foreign national, ex-business owner, who has been sued by a previous landlord. Can i file bankruptcy, without residential rights here in the US?

Attorney answers (1)

  1. Contributor Level 8

    Answered November 22, 2009 11:13. You don’t have to be an American citizen to qualify for a bankruptcy. Neither citizenship nor even formal resident-alien status is required. As long as you own property or a business in the U.S., you’re eligible for bankruptcy relief. Courts disagree as to what “property in the United States” constitutes. Some have rejected attempts by foreigners to create eligibility by simply obtaining a U. S. mailbox or establishing a nominal bank account. Others take the more liberal view that even one who doesn’t live, work, or do any business in the United States, but has a small amount in a bank account can be eligible.

    Law Offices of Michael R. Sices, PC, a Debt Relief Agency helping people find relief by filing bankruptcy in Texas under the Bankruptcy Code. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult a Dallas bankruptcy attorney for individual advice regarding your own situation

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