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Have you been sued for the debt prior to the bankruptcy? Is it a real estate debt secured by a mortgage? Why was it not listed as part of the bankruptcy?
Can I give you more detail.
My son filed a business bankruptcy and my sister-in-law was Asst Attorney General. She looked up his bankruptcy but found information that was not listed as part of his debts. It would have appeared on his credit report, however. She was doing this on her own and did not ask permission. I was told it was a Matter of Public Record.
Debts are not a part of public record. A credit report is not a matter of public record. Court documents and filings are public record. Even if your son did not list a certain debt in his bankruptcy petition and schedules, a creditor may have filed a proof of claim for an existing debt which would make that debt a matter of public record as part of the bankruptcy proceeding. If he was sued on a debt, it would also be a matter of public record even if not listed in schedules to the bankruptcy or the creditor did not file a proof of claim for that debt.
Thus, it could have showed up in public record as 1) listed in his petition and schedules to the bankruptcy, 2) as a proof of claim filed in the bankruptcy, or 3) part of a lawsuit/court action outside of bankruptcy is he was sued over the debt.
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The debt was not listed because it was a private car loan and had been paid in full. However, it just had not been removed from his credit report. I am trying to determine if my sister in law used her power to access information illegally.
In most cases, if it was paid in full and not listed in the bankruptcy, it was only information that could have been obtained via a credit report which she would not have been authorized to access legally.
That is what I thought. Could she be sued or in trouble for this?
Yes, unauthorized access is a violation of the Fair Credit Reporting Act.
OK. Thank you so much! Yes I will give you an excellent service rating. I can save this information, right?
Yes, absolutely. Thanks!
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