Identity theft and fraudulently filing for Bankruptcy

[Janice]

[backtoschool]

The person filing would have had to show proof of social security number (ie, their official social security card) and a driver's license at the 341. It would be very difficult to successfully forge an identity at a 341 meeting. Perhaps the bankruptcy petition filed has a typo in it? Have you gone onto pacer and read and printed out all of the documents related to the case?

[AngelinaCatHub]

First I would go to PACER and establish an account. Search his name and last four digits of SS number and find out who this turkey is and were he is. It could be as simple as a typo, but of course not for you. Address the Federal Court as I am sure this would now be a Federal Crime. 'Hub

[justbroke]

1. What next steps can he do to prevent this bankruptcy case from continuing?

File a Sworn Statement with the Court that the person who filed is using the wrong SSN (make sure you redact the SSN to ony the last few digits).

2. Would it be a good or bad idea to seek out the attorney involved? a. If he does inform the attorney, can the attorney proceed with case knowing that it is a fraudulent filing? Or does the attorney have an obligation of ethics to not continue and report it to the proper authorities?

This could be a good idea. Sometimes, SSNs are actually transposed or entered incorrectly. It just takes one simple mistake. The Trustee SHOULD have caught this, unless this is actual fraud.

3. Will this fraudulent filing cause some issues with his credit report? a. How hard will it be to get his credit back in order?

Yes it will affect his credit report. He may need to ask the Bankruptcy Court to issue an order to remove the false filing.

4. If the bankruptcy case proceeds, what are some of his other options?

Submit a statement to the Bankruptcy Court that it's not him.

This could all just be a bad mistake. It happens.

Go to this link to see what the U.S. Trustee has to say about these matters. It should help you alot.

http://www.kyeb.uscourts.gov/ustrustee.htm

[Janice]

He has registered for PACER. And we don't believe it is a typo because his identity was stolen back in 2007 in Watsonville, Ca - which so happens to be where this guy is from in the court docs. So with the information from PACER what can he do with it?

I guess I was wondering if my idea to go to the attorney that is handling the case, would be a good idea?

I just hate that this has to happen to him in the middle of buying his first house.

[justbroke]

I would go to the Trustee handling his case first. You can find this in PACER. Then I would go to the person's Attorney. The person hasn't been to the 341 Meeting, so hasn't been challenged yet.

Is it only the SSN or is it your BF's name too?

[Janice]

Its only his SSN

[kenshirley]

Nobody asked me for proof of my SSAN when I filed. They only asked for proof at the 341 folks.
In fact, they got it from the form I filled out, misread it and filled it in wrong on the paperwork.
In the program they use only the last 4 numbers showed for security which is common.
I was not aware until I got the letter from the trustee showing my full SSAN that it was wrong.
I called the attorney's office and my filing was amended of course.
I suspect this is all that happened here.
The question here is why would anyone want to pay anyone to file a case with a SS # other than their own.
Not much point to it and expensive to screw somebody else up.

[UpsideDownMI]

The only document that shows a filer's ssn in its entirety is form B21 the statement of social security number(s). Access to form B21 of another filer in Pacer is restricted. The petition and other doc's only list the last 4 numbers.

That being said, I have to believe that somewhere in the filing process the ssn number of the filer was incorrectly listed or entered. I do not believe that someone would be stupid enough to file bk under a false ssn. Seriously. Think about what would this person have to gain? Nothing, unless the goal is to ruin your bf's credit. Why would they need to file under a false ssn, when they could just steal someone else's ssn. It has to be a mistake.

[JimKutkowski]

Why in the blue hell would someone who stole your BF's ID file for bankruptcy? That would be like shining a line on him and saying "Look at me, I'm a thief!"

My guess it was an error. Go on PACER, find out who the attorney is, and call them. BTW, I have filed a bankruptcy with an errant social security number in my career, it happens (and I have three people check it before I check it again).