How do you file for bankruptcy?

If you did not file for a chapter 7 bankruptcy and your son who has the same name as you did file a chapter 7 bankruptcy how did the bankruptcy enter on your credit if you are not a co-signer?

  • Answer:

    Probably because one of the credit reporting agencies screwed up (this is a lot more common than you would think). You can first get a copy of each of your credit reports for free at annualcreditreport.com (this is a site where you actually get free credit reports by federal law, not one of those scam sites that give you a free copy of your report in return for your giving them a credit card number and they sign you up for some program or something). Once you get your reports (there are three national reports, get one of each at the site I listed above), then review them and see how many of them list the bankruptcy. Then, you can go to the website for each credit reporting agency that lists the bankruptcy and do an online dispute. Once a dispute is initiated, the credit reporting agency is required by law to review the false information and correct it. They may make you produce documents verifying it was not your bankruptcy, so you may want to get a copy of your son's bankruptcy paperwork on which the last 4 digits of his social security number appears, and send a copy of that plus a copy of your social security number to the credit reporting agency to prove it was not your bankruptcy. Of course I cannot give legal advice on here, but these are my suggestions that you can follow or ignore. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts and law, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Speak to a lawyer for specific advice. If you have any questions, please refer to a lawyer in your jurisdiction. Thanks!

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