Central District Consumer Bankruptcy Attorney's Association

There are many posts on using a false social security number. Many immigrants who moved to the US had no social and used a false number in the last 20 years. There is a procedure for filing a debtor who used a false social security number. This is not a new issue.
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Aug 19, 2014, at 2:49 PM, "sam@southbaybk.com [cdcbaa]" wrote:
>
> PC qualifies for chapter 7 with his spouse. A few of his debts, however, were incurred under a false SS number (belonging to a deceased family member). Does anyone have experience with this? I feel like it is up to the creditor to challenge the discharge of the "wrongfully obtained" debt, but I am concerned about the trustee taking a position and also about a possible referral for criminal prosecution. I've also seen, but have not been privy to, cases where the debtor was asked by the Trustee to complete a questionnaire concerning potential issues with a social security number. Any thoughts?
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Reply-To: "Desiree Causey"
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I looked at this a while back when I had a hypothetical situation not unlike the one we are talking about here. You may want to look at The Identity Theft Act, 18 U.S.C. 1028(a). When I looked at it, I recall looking at the pretty broad aiding and abetting provisions and deciding to pass on the case.
Desiree Causey, Esq.
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Sam,
I believe it is a federal felony with criminal penalties to misuse a social security number for any purpose. Also at least one of the numbers had to be obtained fraudulently.
If you dont disclose the second SSN, I would be concerned about subornation of perjury rising from the filing of the petition with known false [by omission] information. But if you do disclose the second SSN, it seems like the client is admitting in a sworn statement that he has committed a federal felony.
I have seen debtors admit to a second SSN when asked by the trustee. The trustee writes down the second number and moves on. I assume the trustee has some obligation to report a felony, does anyone know? I think it often happens when persons without legal status get an SSN from their friend on the corner; and then when the do get legal status they get a real number. To the debtor it must seem like a workaround solution to a much larger problem.
I reality world, if you turn the client away the next attorney will never hear about it.
Best regards
Larry Webb
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California Board of Legal Specialization
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Central District California
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