I filed bankruptcy due to identity theft.?

Question

Need your HELP>>>>
I filed bankruptcy almost 3 years ago, and I have been very careful with my credit after the fact. I have fraud alert with all three major bureau. I just got a notice from a company saying that I need to pay this debt. I thought I included it the bankruptcy, but it wasn’t included. All the dates correspond to the identity theft and the bk, can I go back to the courts?

What should I do, what can I do

Answer 1

Contact the company by phone and certified letter, tell them it is not your debt, that you are a victim of ID theft, request an "Affidavit of Fraud" to be filled out signed and sent back to them, they may also ask for a police report. Once they receive this they will probably drop it.
I would also contact your old bankruptcy lawyer and ask them what if anything can be done with this (eg. add this to your Bk due to fraud).

Answer 2

I want to tell you that once you have been a victim of identity theft you are seven times more likely to have it stolen again. Your information circles and is resold on the identity black market, if you will.

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Good luck.

Answer 3

Some federal courts of appeal have adopted a policy stating the negligent failure list a debt will not result in a denial of a discharge in a "no asset" chapter 7 case. You need to consult a local bankruptcy attorney for specific advice on what, if anything, you can do about this.

Answer 4

Let me get this straight......

Someone used your identification to amass a lot of credit in your name?

You didn't attempt to fight these charges with the creditor, and instead you just file for bankruptcy?

And your lawyer didn't say a word....he just let you do it?

You are either lying about the debts, or you have an extremely incompentant lawyer handling your case.

Either way, the damage is now done. You can not add additional debts to your bankruptcy.

If this debt is not yours then fight it! Demand that the creditor prove this is your debt. Tell them it's not your debt. File a police report, and send an afidavit to the creditor.

Something is very strange about this story.

Answer 5

If the debt is yours and you didnt include it in your bankruptcy I dont think there is anything you can do besides pay it. However, if it isnt something you personally aquired (who ever stole your identity did it) I would try to dispute it. Make them prove to you it is your debt. I would also talk to the atty who handled your bankruptcy and see what he/she says about it too.

Answer 6

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Answer 7

Do NOT say the debt is yours. Laws vary throughout the states, but sometimes you can end up responsible for debts that had been covered if you admit to them.

Avoid conversations w/ these people, tell them to stop harassing you, and simply ask for their names and companies.