Bankruptcy is not restricted to U.S. citizens. Pursuant to the Bankruptcy Code a person that resides, or has a place of business or property, in the United States may file bankruptcy.
There are risks, however, to foreign nationals and undocumented aliens that file bankruptcy. This is especially true for debtors that have had prior contacts with immigration or law enforcement. Immigration And Customs Enforcement (ICE) has been known to monitor bankruptcy filings. In addition, there are reported instances of ICE appearing at Creditors Meetings to take debtors into custody.
The U.S. Trustees Office (a division of the Justice Department) occupies a supervisory/advisory role in the bankruptcy system. This office can investigate debtors that are not U.S. citizens (and undocumented aliens) and refer those cases to the U.S. Attorneys Office.
Bankruptcy exemptions that are available to Florida residents may not be available to foreign nationals and undocumented aliens, on the basis that they are not domiciled in Florida.
The Law Offices Of Todd S. Frankenthal handles bankruptcies in the Miami, Fort Lauderdale, and West Palm Beach Divisions of the United States Bankruptcy Court For The Southern District Of Florida. Todd S. Frankenthal, Esq. advises non-residents on the availability of bankruptcy relief, as well as alternatives to bankruptcy.