What is the name of your state? SC
My ex-husband, fraudulently incurred $40,000 of debt against my name. As a result, I spent three years and countless hours of emotionally devastating, painstaking work proving Financial Identity Theft to creditors in order to have this debt removed from my name, and my credit record. Last month he filed bankruptcy and upon reviewing Schedule H - Codebtors in his bankruptcy petition, I find my name and a list of joint debt. Of the five creditors listed, two belong to debts from which I have been personally exonerated due to fraudulent applications submitted in my name, and without my knowledge. There is however, a third creditor of whom I was unaware. At the present time my credit file does not reflect a a creditor of joint contractual liability, but having spent the better part of three years proving to creditors that my name and social security number were used fraudulently by my ex to obtain credit I am very, very frightened.
My greatest concern is that if these debts are discharged, somehow these companies are still going to try to come after me, and the reference to a joint account for which I may be found liable simply terrifies me. Accordingly, Section 523(a)(2)(A) of the Bankruptcy Code excepts from discharge in bankruptcy "any debt . . . for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by . . . false pretenses, a false representation, or actual fraud." 11 U.S.C. § 523(a)(2)(A).
The bankruptcy attorney was made aware that there was a claim of fraud through my divorce lawyer, which made gave him a legal, and ethical obligation to ensure that the debt in question had not been obtained fraudulently which, obviously, he would not have been able to do. When an attorney signs a debtors petition for bankruptcy he is certifying that he has no knowledge, after reasonable inquiry, that the information submitted is incorrect. The American Bar Association Task Force on Attorney Discipline clearly defines, in its report dated October 6, 2005, the interpretation of the responsibility of an attorney in a bankruptcy petition as regards section 707(b)(4). The report states that “knowledge” should be interpreted to include what the attorney knew or should have known with respect to the accuracy of the debtor’s schedules. As to “incorrect” it states that attorney’s should be liable for “incorrect” information only where, after reasonable inquiry, the attorney knew or should have known of the incorrectness.
I understand that this attorney is my ex-husbands lawyer, but he is also an officer of the court and thus bound by the law of the court. I was at my attorney’s side when, in May, she informed the bankruptcy attorney of fraudulent activity orchestrated by ex, and I would have gladly furnished this attorney with the documentation I have to support this allegation. Now I feel that once again I have been put in a position of having to fight to retain my financial integrity. Additionally, I was left to find out myself that I was listed in the petition. The man didn't even have the decency to let my divorce lawyer know.
Does anyone have any advice, as to the way I should handle this, and whether I need to hire another attorney to protect myself?
My ex-husband, fraudulently incurred $40,000 of debt against my name. As a result, I spent three years and countless hours of emotionally devastating, painstaking work proving Financial Identity Theft to creditors in order to have this debt removed from my name, and my credit record. Last month he filed bankruptcy and upon reviewing Schedule H - Codebtors in his bankruptcy petition, I find my name and a list of joint debt. Of the five creditors listed, two belong to debts from which I have been personally exonerated due to fraudulent applications submitted in my name, and without my knowledge. There is however, a third creditor of whom I was unaware. At the present time my credit file does not reflect a a creditor of joint contractual liability, but having spent the better part of three years proving to creditors that my name and social security number were used fraudulently by my ex to obtain credit I am very, very frightened.
My greatest concern is that if these debts are discharged, somehow these companies are still going to try to come after me, and the reference to a joint account for which I may be found liable simply terrifies me. Accordingly, Section 523(a)(2)(A) of the Bankruptcy Code excepts from discharge in bankruptcy "any debt . . . for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by . . . false pretenses, a false representation, or actual fraud." 11 U.S.C. § 523(a)(2)(A).
The bankruptcy attorney was made aware that there was a claim of fraud through my divorce lawyer, which made gave him a legal, and ethical obligation to ensure that the debt in question had not been obtained fraudulently which, obviously, he would not have been able to do. When an attorney signs a debtors petition for bankruptcy he is certifying that he has no knowledge, after reasonable inquiry, that the information submitted is incorrect. The American Bar Association Task Force on Attorney Discipline clearly defines, in its report dated October 6, 2005, the interpretation of the responsibility of an attorney in a bankruptcy petition as regards section 707(b)(4). The report states that “knowledge” should be interpreted to include what the attorney knew or should have known with respect to the accuracy of the debtor’s schedules. As to “incorrect” it states that attorney’s should be liable for “incorrect” information only where, after reasonable inquiry, the attorney knew or should have known of the incorrectness.
I understand that this attorney is my ex-husbands lawyer, but he is also an officer of the court and thus bound by the law of the court. I was at my attorney’s side when, in May, she informed the bankruptcy attorney of fraudulent activity orchestrated by ex, and I would have gladly furnished this attorney with the documentation I have to support this allegation. Now I feel that once again I have been put in a position of having to fight to retain my financial integrity. Additionally, I was left to find out myself that I was listed in the petition. The man didn't even have the decency to let my divorce lawyer know.
Does anyone have any advice, as to the way I should handle this, and whether I need to hire another attorney to protect myself?