Imagine that you receive a letter requesting that you appear at a meeting of creditors related to a bankruptcy case. However, you have never considered bankruptcy and have no knowledge of any type of bankruptcy filing. After consulting with an attorney who investigates, you find out that someone has used your name, social security number, and/or other information to falsely file for bankruptcy and you are able to put a halt to the case.
Not all victims of bankruptcy identity theft are as fortunate to be able to halt the bankruptcy case, however. Some victims do not realize their identity has been stolen until months or years after a bankruptcy case was completed. Generally, they find out when they apply for a mortgage or other type of loan and are denied due to having a bankruptcy on their credit report. They are left wondering how and why this could happen to them.
The following are some scenarios that may involve bankruptcy and identity theft:

• Using the information of a relative or someone they know to file for bankruptcy because they have previously filed bankruptcy too recently or too many times.
• Stealing the information of a stranger to file for bankruptcy.
• Wrongfully incurring a large amount of debt in someone else’s name and then filing for bankruptcy in order to discharge the debt.
• Using their own information but someone else’s social security number.
• Transferring ownership of property (or creating joint ownership) and then using the joint owner’s information to avoid foreclosure of the property.

Often, individuals who use false information for bankruptcy filings are trying to reap the benefits of the automatic stay,¹ which can help to delay foreclosure, eviction, or repossession. However, even if the filer does not show up at the meeting of creditors and does not pursue the bankruptcy any further, the filing record will still remain on the victim’s credit reports and in public court records. Identity theft is against the law² and all perpetrators should be held accountable for their actions.
Contact a bankruptcy attorney in Long Island for assistance with your case
If you have any legal issues relating to bankruptcy, please do not hesitate to call the Long Island office of experienced bankruptcy attorney Ronald D. Weiss for help. We offer free consultations so please call at 631-302-5949 today.
References:
¹https://www.law.cornell.edu/uscode/text/11/362
²https://www.law.cornell.edu/uscode/text/18/1028