Yes, that is allowed. BUT, please discuss with a bankruptcy attorney. If you are a US citizen, why wouldn't you have a SS number?
Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.
Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate.
Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.
Assuming you are an individual, yes you can file a BK with an ITN, if you reside or are domiciled or have a place of business or property in the USA. Be sure to use your ITN on the "Statement of Social Security Number."
HOWEVER, you will have to answer the trustee's obvious inquiry at the 341a as to why you have no SSN (lack of green card is obvious reason) and otherwise prove your identity (passport, etc.) AND bring proof of issuance of the ITN to your name (the IRS letter would be helpful).
If you need further clarity, please email me at MICHAEL@MIRELAND.US Answers to questions are for general information purposes only and do not establish an attorney-client relationship. This is not legal advice, simply information. You SHOULD NOT act on this information without consulting a competent bankruptcy attorney in your area and providing ALL relevant information.
Yes you may file using a Tax ID number if no legal SSN. You should be aware of any improper use of a SSN and how you are disclosing your former use of any illegal SSN, if any. This is especially true when listing all of your debt and when testifying during your 341 a hearing.
Best of luck!
Michael Salanick, Esq.
NOTE: we can be reached at www.salanicklaw.com (310) 590-4575. This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney with whom you have established an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.