What information does creditor receive about debtor identity in chapter 13 ?

[esterhouse]

To clarify my question. I have never filed for bankruptcy but a family member who shares the same first and last name (different middle initial) did in 2007. I discovered this in 2007 because I began getting letters from my own creditors stating they were reducing my available credit due to delinquent accounts on my credit reports. I was baffled and got my reports and found 2 credit cards listed as included in bankruptcy. I probably had not pulled my reports prior to that so I have no idea if they had been there previously.

I assumed it was a mixup due to the same names and not something worse, not sure now. I made a feeble attempt to dispute at the time but did not really know what I was doing. I recently disputed again and one of the creditors has sent a letter informing me they have reversed the charge off status and are trying to collect. On a debt that was discharged in 2007, last payment made in June 2007... It now appears on my credit reports as delinquent and 120 days past due. In addition to phone calls I am now receiving all kinds of hardship settlement offers and the like. Prior to receiving this letter I had never been contacted by this creditor via phone or mail.

My question is. When a creditor receives notification that a debtor is trying to discharge a debt through chapter 13 what information about the debtor do they receive and from who? The attorney? The Court?

I understand that its possible for someone to use my name and SSN to open a credit card account and am worried that is the case here. But I don't believe its possible for that person to file for bankruptcy under his own name and SSN (I have seen the court discharge doc) and discharge a debt under my name and SSN with a creditor and the creditor just realizes this 6 years later. I have asked the family member for records and his credit reports show accounts from the same 2 creditors as being discharged through bankruptcy around the same dates but the account numbers are different as are the balances. Really confused now!

I have not acknowledged the debt as mine, and won't. Other than phone calls I have not yet received any sort of written collection notice. I have reached out to an attorney for a consultation but the waiting is agonizing. and because it involves family I am treading lightly for the time being. So far as I can tell it is beyond the statute of limitations after 6+ years but given the whole situation I am still concerned for all involved.

Thanks in advance for any info or insight you can provide.

[justbroke]

The creditors all receive a Notice of Bankruptcy (which is a standard form) which gives them generic information about your case. That includes the case #, SSN (un-redaqted), District, Judge, Trustee, and various dates including the claim bar date, and dischargeability "bar" date (last date to file a complaint). It also includes a copy of Form B10 which is the claim form.

The Notice of Bankruptcy is sent by the Bankruptcy Notification Center, or BNC, which is part of the US Bankruptcy Court. The BNC is a centralized department so that all notices go through them. The BNC also has implemented electronic notification and many of the major creditors subscribe to electronic notification so they don't actually receive a letter in the regular mail.

[Pjmax]

The account numbers sometimes get changed when they go back and forth through collectors, JDBs, etc. They end up using internal numbers. (My experience, I've had the same accounts shown twice with different numbers.)

Dispute these accounts with all 3 credit burueaus, if they are on all 3, as not yours, they belong to someone with similar name, different middle initial, different SS#. It's best to do this in writing, certified mail return receipt so you have a paper trail. Include a copy of your report page showing the wrong account, and a copy of your SS card, and driver's license. (Proof of your SS, name and address.)

In your letter, be brief, but clear and concise. I like to circle the most important points in red, for example: NOT ME. These letters are often scanned and read by computer, and the point of the red circles is to get a human to read them.

It takes some patience to get these removed, but if they are clearly not yours, you are entitled to have them removed, and this should not have any effect on your relative as you are not claiming ID theft.

I would also get a copy of your LexisNexis report, and make sure the BK is not there. Keep copies of everything