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Marcus Parker
Marcus Parker, Attorney
Category: Bankruptcy Law
Satisfied Customers: 460
Experience:  practicing attorney including bankruptcy
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bankruptsy and identity fraud

Resolved Question:

I have a friend who has been amassing credit card debt in 2 names for the past 30+ years. One is his legal name and the second an alias. He has been paying on this debt religiously all this time. He is now in bad financial shape and needs top declare bankruptsy. He is concerned about the legal ramifications of doing this. Will he be cited for identity fraud? What are the potential consequences?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Marcus Parker replied 8 years ago.

If I correctly understand the question, your friend did not assume the identity of another person for the purpose of obtaining that person's credit. That would have been identity fraud. What he did was use an alternate name. There is nothing necessarily illegal about that. The test is whether he used the alias fraudulently. If, for example, he made up a name to obtain credit because he suspected he would not have been able to obtain credit in his real name, he may be in trouble.

But if he did this 30 years ago, probably any applicable statute of limitations has long since expired.

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