Bankruptcy Fraud - How to Get Out of it?

Bankruptcy Fraud

Bankruptcy Fraud is when someone has filed for bankruptcy in your name.  If you have reason to believe that this has happened to you, these are the steps that you need to take:

1. Write the U.S. Trustee in your region where the bankruptcy was filed.  For a list of U.S. Trustees, you can visit www.usdoj.gov/ust.

2. In your letter, describe the situation to the U.S. Trustee in detail and provide proof of your identity.  Proof of your identity can be a drivers license, proof of residency with your name on it, social security number, or a birth certificate.

3. File a complaint with the U.S. Attorney and/or the FBI in the city where the bankruptcy was filed.

4. Get your own attorney because the U.S. Trustee will not represent your case in court or give you legal advice.

Make sure to get copies of your court documents for your own records.  These court documents can be acquired from the bankruptcy clerk's office for a fee.

Investment Fraud

If anyone has committed fraudulent acts related to any of your investments, you must contact the company or broker managing your account as soon as possible.  Also, the following agencies must be contacted for legal action to be made.

1. The U.S. Securities and Exchange Commissions (SEC) Office of Investor Education and Assistance can be contacted to file a complaint related to any investment issues at www.sec.gov/complaint.shtml.  Make sure your complaint contains as much detail as possible.

2. State regulatory agency.  These agencies can be found with all their contact information at www.nasaa.org/QuickLinks/ContactYourRegulator.cfm.

3. The National Association of Securities Dealers will help you if you believe that your professional investment manager was involved in the identity theft.  You can file a complaint with them at http://complaint.nasd.com.