Filing C7 with same name?

[wonder]

If you plan on filing C7 due to credit card debt, what happens in this situation? If a father is filing C7 and he lives with his son and they both have the same address and name (Joe Smith and Joe Smith) what happens if the father puts the sons credit card (present in collections) on his BK form for discharge. A friend (son of the father) of mine received a collection letter, but they (father and son) do not know which one it belongs to. They do not want to call the collection agency. What happens if the father posts the debt under his BK filing??

[woeisme]

The BK filing has the SS# with it, as did the credit application, I am sure. So if the father tried to include one of his son's credit cards, I seriously doubt that the creditor/collection agency would file a claim once they realized the BK filing was not for the person who owed them $, and would continue to hound the son for the money.

Also, if the father is including debt that is not his own, could be viewed as fraud by trying to trick the creditor into believing debt was discharged when it really wasn't. I would just call the creditor and find out, because you have to swear that all the statements on your filing are true, and listing a debt that doesn't belong to you to benefit a family member could be seen as an attempt to commit fraud.

[PaKettle]

When you file, you must list all your own debts and no one else's. To list his son's debt would be fraudulent and subject to criminal penalties.

You must be sure to list only your own debts.

Certainly the father knows which debts he owes. As to which one the collection letter is, I'd advise that one of you call to see which creditor it is. One way or the other the son is going to have to deal with that creditor, and the father is going to include HIS own (not his son's) in his bankruptcy.

All the debts are sorted out according to social security number.

I would advise that in the future the father and son use a middle initial or Jr. or Sr. in their names so as to avoid this type of confusion.