Tucson, AZ asked in Bankruptcy and Identity Theft for Arizona

Q: Can I file for bankruptcy for debts not mine then sue for those debts?

My ex committed identity theft in my name, he opened multiple credit cards under my name and charged them to the max. Then he opened multiple phone accounts under my name. Then put a no contact restraining order out on me. I have creditors calling me and telling me I'm responsible for the debt. I'm not going to pay for the stuff he illegally got so I was thinking of filing for bankruptcy to get the creditors off my back but I also want to sue him for the damages he caused. Can I do that?

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1 Lawyer Answer
Diane L. Drain
Diane L. Drain
  • Bankruptcy Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: I am so sorry to hear about your situation. There are two issues: 1) a criminal act of forging someone's signature. 2) your liability (if any) to the creditors. For the first file a police report for identify theft. Contact the Attorney General's office for instructions on your rights in this situation. As to the second - that is much more complicated. Can you file bankruptcy? Yes, but the real question is "should you file bankruptcy, at least at this time?" Perhpas a free consultation on bankruptcy would be a good start. Let me know if you want more information about this option. You can either call my office - 602-246-7106, or email me at DDrain@DianeDrain.com.

Timothy Denison agrees with this answer

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