The concept of identity theft that someone will steal your credit card and misuse it has become too old now. Identity thieves these days open up new credits for you and use it fully without making any repayment. Now there is one more development in this fraud that can happen - they may file bankruptcy in your name!
When a new credit account is opened in your name by identity thieves, they may end up in creating thousands of dollars outstanding in your name. If the amount is overdue for a long time, the card issuer / creditor may approach a collection agency. The collection agency may in turn approach you - the original identity holder - for money. At that time, the fraud of identity thieves will be exposed. To avoid this, they may file bankruptcy in your name.
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Bankruptcy is the worst of the troubles which you may face in your financial life. If bankruptcy is filed, it will spoil your credit report totally. The details of bankruptcy would remain on your credit report for a period of 7 to 10 years. You may not be able to get any credit from the market and even if you get any, the interest rates will be extremely high. This can be a sickening experience for anyone, but imagine the situation when bankruptcy is fraudulently filed in your name!
It is very difficult to convince anyone in the financial world that the bankruptcy is filed fraudulently in your name. Appointing an attorney and fighting the case in the court can be very expensive affair. Before doing that here are some tips to handle this most devastating fraud.
1. Inform the U.S. Trustee about the fraudulent filing of bankruptcy in your name. In your communication, provide your proof of identity also. The proof may be a copy of your driver's license, your social security number or your birth certificate.
2. Obtain copies of all the related documents from the court in which the bankruptcy was filed.
3. You should file a complaint with the FBI as well as with the U.S. Attorney. This complaint should be filed in the city in which fraudulent bankruptcy was filed.
4. You need to inform this matter to IRS also by filing a form 3949-A.
5. You need to appoint your own attorney also because U.S. Trustee will not represent you in court nor they will give you any advice.
While contacting the about agencies, give all information about this fraud as well as your identity details. Your personal information will be kept confidential. Send all correspondence by certified mail to ensure that it goes in the right hands.
You have to be fast in taking these actions. As more and more time goes by, the damage may become bigger and may be beyond any repairs.
Is Bankruptcy Right For You? Talk to Bankruptcy Attorneys Free and Confidential. Licensed bankruptcy attorneys are available. Attorneys will call you to discuss your case for free. Find out if bankruptcy is right for your situation.
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