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.