credit fraud and bankruptcy

[John Tollison]

the day after my trustee meeting, my lawyer gets a letter about a debt that isn't mine. I several reasons to believe it belongs to an old roommate who used my information to obtain credit.

The bank tried to tell me that fraud was going to be hard to prove since the debt was listed on my bankruptcy. But I didn't actually list the bank, I had not even heard of the bank even when I met with the trustee. Any thoughts?

Also, I was told that all creditors recieved notification of the bankruptdcy whether or not I listed them on the bankruptcy. Is this accurate, and how would I go about getting a list of all notified creditors?

Note: my attorney seems competent only when there is proper incentive, and I do not believe he is giving me good advice at present.

JT

[HHM]

Also, I was told that all creditors recieved notification of the bankruptdcy whether or not I listed them on the bankruptcy. Is this accurate, and how would I go about getting a list of all notified creditors?

That statement is somewhat inaccurate. The only creditors who receive a notice of your bankruptcy (that is sent by the bankruptcy court) are the ones you listed in your bankruptcy petition. However, filing bankruptcy is a public record and any with access to your credit report will know you filed bankruptcy. Thus, during any routine audit or credit inquirey, other creditors will find out about your bankuprtcy. So in a sense, other creditors not listed in your BK can easily find out about your bankruptcy, but only the creditors you listed in your bankruptcy actually receive a notice in the mail.

As for your other issue, I don't know what to tell you. I think you are in a difficult position, but you are within your rights to demand from this bank a validation of the account (whereby they must send you the paperwork that identifies that you are the one liable on the account).

[John Tollison]

Thank you. I finally got someone with the bank on the phone. They took the account back from thier bankruptcy lawyer and said that they would help get the the bottom of this.

I was told by the retail store who assisted in obtaining the credit that they require photo ID and that they pass it along to the bank. I do not believe I have lost any photo ID. A validation of the account is a good idea.

I'm probably going to file a police report. unfortunately, and I know this is so short sighted, I placed a previous fraudulent Providian account on the bankruptcy. Seemed like the easiest thing to do, although I did offer to file a police report if that would help Providian. This account opened from the old roommates address a month after I left. He was a musician and the current charge is from Guitar Center.

I'm trying to track down the old roommate now. Though I'm not sure what I'll do if I find him.