Zephyrhills, FL asked in Bankruptcy for Florida

Q: Is it normal for a bankruptcy attorney to change your home address on your credit bureau.

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3 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Depends on the reasons for the change.

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

A: My gut reaction to your "normalcy" question is "No". While every prospective debtor should be totally candid with bankruptcy counsel, we use a debtor's credit report(s) to satisfy the "due diligence" requirement added to the Bankruptcy Code in the massive 2005 amendments (done while Republicans enjoyed majorities in both House and Senate, and had Bush in the White House, after ten years of heavy lobbying my banks and credit card issuers; by the time it passed, the financial industry had self-corrected and no longer needed the changes). Among the many amendments making it more difficult to file a simple Ch. 7 case, the amendments made bankruptcy lawyers personally liable for the accuracy of all of the debtor's filing with the bankruptcy court.

And yet, the amendments became law, so bankruptcy attorneys are forced to make that "due diligence" effort to overcome questions spawned by the '05 amendments.

Just one other observation- you should never give out your user/password, even to bankruptcy counsel. Apparently you did in this case, as counsel changed your online residence.

A debtor's residence or substantial assets within the congressional district for all or most of the preceding 6 months is jurisdictional, and determines where a bankruptcy can be filed.

James L. Arrasmith
PREMIUM
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Answered
  • Bankruptcy Lawyer
  • Sacramento, CA

A: No, it is not typical for a bankruptcy attorney to change your home address on your credit bureau. Their primary role is to guide you through the bankruptcy process, including filing the necessary paperwork, representing you in court, and ensuring that your debts are properly managed.

If there is a need to update your address with credit bureaus, this is usually something you would handle directly. You might need to update your address to ensure you receive important correspondence, but this should be done through the credit bureaus themselves or your creditors.

If you notice an address change on your credit report that you did not authorize, it could be an error or a sign of identity theft. It's important to review your credit report regularly and dispute any inaccuracies directly with the credit bureaus to protect your personal information and credit history.

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