Boston Bankruptcy Lawyer

Identity Theft and Bankruptcy

A large number of identity theft cases are related to bankruptcy in some way. The U.S. Trustee Program has the primary role in the Justice Department’s identity theft working group of outlining the various ways in which identity theft intersects bankruptcy. In addition, the group explains how the program can assist law enforcement officers as they monitor the integrity of the bankruptcy system.

There are a number of bankruptcy-related identity theft areas. These include:

• Filing for bankruptcy using the name and or social security number of another known person such as a parent, sibling, child, or other relative.
• Incurring debts under a false name or social security number and then filing for bankruptcy using that name or number.
• Moving property into the name of a relative or friend and then filing for bankruptcy using that person’s name or social security number to avoid foreclosure. The transferee agrees to the transfer “to help” but does not understand the legal ramifications.
• Filing for bankruptcy using a false name or social security number that was apparently randomly chosen.
• Transferring a fractional interest in real property into the name of an innocent person whose bankruptcy case is pending.
• Using a false social security number when identifying oneself as a bankruptcy petition preparer.

In a number of instances, bankruptcy cases are filed under a false identity only to obtain the benefit of an automatic stay to prevent or delay foreclosure or eviction. In this type of case, the filer fails to appear at the Section 341 meeting and then the case is dismissed. Unfortunately for the individual whose social security number was used, a record of the filing remains in the court and on the victim’s credit record.

Contact a Boston Bankruptcy Lawyer

If you have been a victim of identity theft and are now facing lots of bills, contact the Boston bankruptcy lawyers of Joshua Spirn & Associates at 1-800-975-5346.