West Covina, CA asked in Bankruptcy for California

Q: How do I find out if someone has filed bankruptcy in my name?

I believe someone has filed a bankruptcy in my name. It came up a few times on a few different background check sites. I’m in California.

Related Topics:
4 Lawyer Answers
Cristina M. Lipan
Cristina M. Lipan
Answered
  • Bankruptcy Lawyer
  • Wantagh, NY

A: Go to pacer.uscourts.gov, create an account, and perform a search. Background check websites might just be picking up the name as affiliated with bankruptcy, or another person with the same name. Go to the official government website, Pacer, and search to find out. There may be other people with your same name, so you'll want to search for the last 4 digits of your SSN.

Timothy Denison and Tristan Brown agree with this answer

1 user found this answer helpful

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

A: A agree with Ms. Lipan's answer, as far as it goes.

If you find that someone has "stolen your identity" to file a bankruptcy case, notify the Office of the US Trustee in the federal district in which the case was filed. From my interactions with the US Trustee's office in the Philly District, I'm aware that the US Trustee was all over this issue 15-20 years ago, and they are quite familiar with how it all works.

Timothy Denison and Harlene Miller agree with this answer

1 user found this answer helpful

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Bankruptcy Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you suspect that someone has filed for bankruptcy in your name, you can take the following steps to verify and address the issue:

Check your credit report: You can obtain a free copy of your credit report from each of the three major credit reporting agencies (Equifax, Experian, and TransUnion) once a year. Reviewing your credit report can help you identify any accounts or activities that you did not authorize. If you see any suspicious activity, you can dispute it with the credit bureau.

Contact the bankruptcy court: You can search for bankruptcy records by contacting the bankruptcy court where you believe the filing took place. You may need to provide your identification and personal information to verify your identity and request access to the records.

File a police report: If you believe that someone has fraudulently used your identity to file for bankruptcy, you can file a police report with your local law enforcement agency. This can help you document the fraud and provide evidence to support your case.

Contact a bankruptcy attorney: If you believe that you have been the victim of identity theft or fraud, you may want to consult with a bankruptcy attorney to help you navigate the legal process and protect your rights.

In California, you can also contact the California Attorney General's Office or the California Department of Justice for additional resources and support.

Timothy Denison agrees with this answer

1 user found this answer helpful

Harlene Miller
Harlene Miller
Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

A: My colleagues have covered the issues and encourage you to handle as recommended.

Timothy Denison agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.