A bankruptcy attorney practicing in South Florida regularly sees clients who are not legally residing in the United States. Many of these prospective clients have spent years in the area, have raised families and in the process have acquired debts and ongoing financial responsibilities. Many times, an unexpected situation such as a loss of a job, a death or separation will trigger a dire financial situation and folks consult with a debt relief attorney to discuss their options.
At the first consultation, a bankruptcy attorney usually has the person fill out intake lists with contact information and relevant bankruptcy qualification questions. It is imperative that a bankruptcy attorney include questions about residency in the intake list in order to determine a person’s eligibility to file bankruptcy. More importantly, the bankruptcy attorney must ask these questions as intake questions may be left blank or may not reflect the true immigrant status of the prospective client.
In order for a person to be able to file a bankruptcy case, the bankruptcy code requires that the debtor be a resident of the county where the bankruptcy petition is being filed. The initial determination of where a person lives is usually easy, as most people live in one place only and the property address in the county they live in determines the district that the case is filed. But, what happens then, when a debtor has no legal residency in the county where the debtor lives because that person is technically illegal in the United States?
An experienced bankruptcy attorney can discuss your particular immigration situation confidentially. In order to determine if you can file bankruptcy or, the attorney must know your true legal status and review the documents you do have. There are penalties for persons who negligently or fraudulently prepare bankruptcy petitions so do not risk filing a case on your own or using a petition preparer, who cannot give you legal advice. At the Law Office of Alberto H. Hernandez, P.A., the consultation is always free of charge and the peace of mind is priceless. Please call us at (305)820-0334 or email us at using the contact us page for more information.