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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 111490
Experience:  Attorney At Law handling education matters.
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I saw your question/answer about what to do when someone

Customer Question

I saw your question/answer about what to do when someone files bankruptcy in your name without your knowledge or authority. However, I've had no reason to look at my credit report for years, until now. But I'm just now finding out that someone has filed bankruptcy in my name also (in 2011 and 2012) about the same time we were trying to reach out for help with saving our home from foreclosure. The thing is, it was filed 8 times in 2 years and all of them dismissed. What can I do? How do I get those off my credit reports?
JA: What state are you in? And has anything been officially filed?
Customer: I live in Tennessee now, I WAS living and it WAS filed in Missouri. What do you mean by has anything been officially filed? All I know is that it's showing up on my credit report and it says "dismissed".
JA: Has anything been filed in civil court? If so, what?
Customer: Civil court for what?
JA: Anything else you want the lawyer to know before I connect you?
Customer: I'm not understanding what you're asking. All I know is someone filed bankruptcy (NOT ME) in Missouri, in my name without my knowing. and did it 8 times in 2 years,
Submitted: 3 months ago.
Category: Bankruptcy Law
Expert:  Law Educator, Esq. replied 3 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Expert:  Law Educator, Esq. replied 3 months ago.

Have you gone to the bankruptcy court where the cases were filed and pulled the records?

Were the cases filed using your SSN as well?

Do you have any idea who could have filed?

Customer: replied 3 months ago.
they were filed under my SSN. No, I have no idea who could have done it. It was done under mine and my husband's name and SSN's. As if we filed as a couple.
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
Well, this is not going to be simple to resolve since it was filed under BOTH you and your husband and used your SSN. This is going to require you hiring a local bankruptcy attorney because they will have to go to the bankruptcy court where those were filed and file a motion for protective order to seal the records, but they will need evidence from you of identity theft. So you are going to have to have him get the petitions from the previous filings and there will have to be a handwriting analysis done to prove you or your husband never signed any of the documents to show the court these were filed as a result of fraud and the court can then seal the court records to make them not visible to anyone looking in the records.

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