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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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i file for bankruptcy in march and met with the trustee in

Resolved Question:

i file for bankruptcy in march and met with the trustee in april. I've had a collection agency call me siting fraud. One of the credit cards was only in my mother's name. She died in 2006; I used her card and signed her name to transfer balances over trying to get a smaller interest rate so that i could pay it off. I'm not sure when that card was open. Is there any way i can look at my mothers credit report without getting into trouble? How would i find out when a credit card was open? I firmly believe that my mother open this card but i was in such a haze when she died and was just trying to do anything i could to keep my head above water i'm not really sure if i open that account under her name. if i opened it can i amend my bankruptcy petition to include her name as my alias?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 7 years ago.
Hi JACustomer,
When your mother passed away, were you the executor or administrator of her estate?
Customer: replied 7 years ago.
she didn't have any will so there was no executor or administrator. for the last two years of her life i would sign her name on her checks when she wasn't feeling up to it with her permission.
Expert:  cfortunato replied 7 years ago.
It is not legal to access another's credit report without their permission. Sometimes permission can be inferred from other circumstances, such as being an executor or administrator. However, being able to sign her checks would not be such an inference, so you would not legally be allowed to check her credit report.
However, if the credit card was in your name also, it will appear on your credit report. If it is on your credit report - the card is in your name also - you can amend the Bankruptcy petition before the discharge - to add an additional credit card.

Edited by Christina Fortunato, Esq. on 7/7/2010 at 1:19 PM EST
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