Identity Theft in Bankruptcy

Debtors in Pretension


by Magdalena Reyes Bordeaux

"Identity theft in the bankruptcy courts is a growing crime that often leaves unsuspecting consumers facing devastating consequences. Currently, when someone files for bankruptcy, there are no identification procedures at the time of filing to verify that the name on the petition is in fact the name of the person filing for bankruptcy relief. Accordingly, it is relatively simple for an identity thief to file a bankruptcy petition using a stolen identity. However, a victim of identity theft in a bankruptcy proceeding can clear up a tarnished record by filing a motion to expunge a fraudulent bankruptcy."

http://www.lacba.org/Files/LAL/Vol27No6/2059.pdf