Legal Question in Bankruptcy in California

fraudulant bankruptcy filing

someone staying in my home filed a bankruptcy in my name without my knowlege or consent,so the utilities wouldnt be turned off. i never went to court nor ever signed a document regarding this matter. but now whenever i apply for credit im denied because it shows a dismissed bankruptcy,what does this acually mean and how do i remove it from my credit report?

thank you,marty


Asked on 4/29/02, 6:02 pm

2 Answers from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: fraudulant bankruptcy filing

Thanks for your posting. The first thing you should do is begin the dispute process with the credit reporting agencies. The credit reporting agencies will investigate, and if they can't prove that you were the one that declared BK, they must take it off your credit report.

More importantly, the office of the U.S. Trustee and the F.B.I. will investigate if someone else has committed bankruptcy fraud using your name. This is a matter that, for the most part, is taken very seriously, and you should submit an investigation request to clear this up.

I hope that this helps -- but if you need anything else, please feel free to email me directly.

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Answered on 4/29/02, 6:33 pm
Victor Hobbs Victor E. Hobbs

Re: fraudulant bankruptcy filing

Robert's answer is correct and follow it to the letter. My question is who dislikes you so much that they'd spend $210.00 or so, and do all the work that's required to file the BK Petition. When you report this to the FBI etc. They may have a difficult time believing you. And my guess is they'll not do any investigation on this crime.

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Answered on 4/29/02, 6:41 pm


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