Debtor Identification
The Office of the U.S. Trustee is concerned with the number of individuals
using a false social security number to obtain credit or file bankruptcy. They are actively looking for cases to prosecute. Trustee’s have be
directed to ask more questions related to ID.
If a debtor does not have a social security number, they will be asked
what number they used to obtain their secured debt. In cases with social security errors you can
expect the IRS, Social Security, and secured creditors to be consulted. If a debtor has used a false number to obtain
credit or file their petition they will be prosecuted.
Trustee’s have also been asked to accept only “original”
documents as proof of ID. If there is
any suspicion about the identification presented, the trustee has been asked to
make copies of the proffered documents.
Acceptable forms of government-issued picture identification include:
State Drivers License, US Government ID, State ID, Student ID, US Passport, US Military, and Resident Alien card. Acceptable forms of proof of social security
number include: Social Security card, Driver’s license with SSN, Medical
insurance card, Pay Stub from employer with SSN, W-2 tax form, IRS form 1099,
and Social Security Administration report.
If the social security
number does not match the 341 Notice, the debtor must submit to the court an
amended verified statement within 10 days, with notice of the correct number to
all creditors, the UST, and the trustee, and must file a redacted copy of the
notice, showing only the last four digits of the SSN, and a certificate of
service.
If the debtor uses a ITIN to file bankruptcy, they will be asked to complete a
questionnaire to determine if they have ever used a false social security
number.