Legal Question in Bankruptcy in New York

name change problem

I have been going by my stepfather's name since I was 8 years old and all of my legal documents are in my stepfather's name. I need to obtain a marriage license, but am told that because my birth certificate does not match my documents, I must get a legal name change. I cannot get a legal name change because I declared bankruptcy several years ago. Is there any way I am going to be able to get married? Please help


Asked on 5/27/08, 4:35 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: name change problem

I'm confused. Why does your bankruptcy, filed several years ago, affect a legal name change now? The bankruptcy system works hard to prevent fraud, but that's mostly taken care of through social security numbers and a paper trail, which a legal name change would leave. Since you've been using your stepfather's name since you were a child, there's no indication that your bankruptcy was fraudulent (I assume you filed in the name you've been using rather than your birth name?)

Your problem stems from a bureaucrat who is just being annoying. Yes, you will be able to get married (congratulations, btw), but you've got some hoops to jump first. You may need to hire an attorney to deal with the ins and outs of this situation. Find one with whom you are comfortable who is geographically close to you. If s/he's available, you might consider re-using the services of the attorney who helped you with your bankruptcy. If you need a referral, call your county's bar association or the NYS Bar Association (www.nysba.org).

Ain't bureaucracy grand.

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Answered on 5/27/08, 4:53 pm


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