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In this day and age of online shopping, data breaches and automated loan approvals without even meeting a banker, identity theft is becoming more common than ever.
Anyone who has had their identity stolen knows that it can be extremely difficult or even impossible to get companies to stop pursuing you for a debt that is the result of identity theft.
They require proof that the debt is a result of identity theft, and often will still send the debt to collections after getting the proof.
This is expensive and difficult, and it will be harming your credit rating the entire time.
So, does bankruptcy fix identity theft?
From time to time people call my offices in Minneapolis, St. Paul, Blaine and Brooklyn Park, to ask if you can file bankruptcy on debts that are the result of identity theft.
These people are usually at the end of their rope because they have tried everything else.
So, can bankruptcy fix identity theft?
This because:
These debts are almost always dischargeable, and the creditors do not try to fight them in the bankruptcy.
At least in Minnesota, we can add new creditors to the bankruptcy even after the discharge order has been entered.
The debt must have arisen before filing the bankruptcy, and if it did, then we can add it indefinitely.
This is useful to victims of identity theft because sometimes you don’t know about all of the debts.
You can stop future identity theft by putting a fraud alert on your credit profile.
You won’t have to file a police report against anyone to discharge identity thefts in bankruptcy, which can be useful if it is a friend or family member who stole your identity.
Any sort of non-bankruptcy dispute over identity theft usually requires a police report, and many people understandably do not want to file police reports against their family; especially if the family member stole the identity out of desperation.
Credit rating essentially measures how long it has been since something bad happened to a financial account with your name on it.
When your identity is stolen, there are lots of accounts with your name on them that are not getting paid.
Every month these accounts put a “late” or a “collections” on your credit report.
When you file bankruptcy:
This only happens once, so your credit rating will start to go up the month after the bankruptcy is filed
It is true that your credit rating will go down when the bankruptcy is filed, but this will only be temporary.
After filing for bankruptcy:
If you’ve been the victim of identity theft, then why not not speak to us now at 612.824.4357 and see whether filing for Chapter 7 Bankruptcy is right for you?
We’ll give you all the help and advice you need.
Alternatively, fill out our free Bankruptcy Evaluation Form to see if filing for Chapter 7 Bankruptcy or Chapter 13 Bankruptcy in Minnesota is right for you.
We’re looking forward to helping you fix identity theft and become debt free.
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Walker & Walker Law Offices, PLLC