Irwindale Bankruptcy Attorney

Are you a Victim of Identity Theft?

First contact the fraud department of the three major credit reporting agencies. Tell them to flag your file with a fraud alert including a statement that creditors should call you for permission before they open any new accounts in your name.
These credit reporting agencies are (source -FTC):

  • Equifax: (800) 525-6285 (800) 685-1111 www.equifax.com
  • Experian: (888) 397-3742 (888) 397-3742 www.experian.com
  • Trans Union: (800) 680-7289 (800) 916-8800 www.tuc.com

Second order your credit report. Verify the report for inaccuracies. If you have recently been turned down for credit, you are entitled to a free report. Otherwise, the charge is up to $8. (It's a good idea to order a report at least once per year, to make sure there are no problems.)

Third file a police report at the station closest to your home. Send this report to the three credit reporting agencies listed above, along with a cover letter detailing the situation. These agencies are required to send the police report and your letter to any company requesting your credit information. Even ifthe police are reluctant to give you a report, insist on it -this will provide valuable information to your creditors.

Fourth contact the creditors for any accounts that have been tampered with or opened fraudulently. Ask to speak with someone in the security or fraud department and follow up with a letter to this person.

Fifth write a letter about the problem to:
Fraud Section Office of the U.S. Trustee
221 North Figueroa Street, Suite 800
Los Angeles, CA 90012

Provide as much information as possible, including all information and documentation you may have on who is stealing your identity!

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Most Recent Post on our Blog

Abandonment

Catalano v. CIR, 279 F.3d 682 (9th Cir. 2002)
An order lifting or modifying the automatic stay by itself does not constitute a defacto abandonment of the property of the estate. Procedures under § 554 must be followed before property is legally abandoned.

Cusano v. Klein, 264 F.3d 936 (9th Cir. 2001)
Listing of prepetition “songrights” in a value of “unknown” “was not so defective that it would forestall a proper investigation of the asset.” Accordingly, the right to post-petition royalties from these assets vested in the debtor upon confirmation of his chapter 11 plan. Unpaid prepetition royalties did not vest in the debtor, because they were subject to a separate listing requirement as causes of action.

In re Adair, 253 B.R. 85 (9th Cir. B.A.P. 2000)
Debtor had no ongoing duty to provide trustee with updated information regarding properly disclosed estate assets. (Case had been closed for 3 years).

In re DeVore, 223 B.R. 193 (9th Cir. B.A.P. 1998)
Order reopening case and withdrawing no-asset report does not negate a technical abandonment.

In re Johnston, 49 F.3d 538 (9th Cir. 1995)
Tax consequences to debtor are irrelevant in determination to abandon

In re Pace, 159 B.R. 890 (9th Cir. B.A.P. 1993), aff’d, 56 F.3d 1170 (9th Cir.1995), op amended and superseded on denial of rehearing 67 F.3d 187 (9th Cir. 1995), aff’d in part, vacated in part, 67 F.3d 187 (9th Cir. 1995)
Unscheduled assets are neither abandoned nor administered under 554(d)

In re Pace, 146 B.R. 562 (9th Cir. B.A.P. 1992)
Abandonment of a promissory note does not equal abandonment of a malpractice action.

In re Pauline, 119 B.R. 727 (9th Cir. B.A.P. 1990)
(abandonment prevents trustee's property-churning conduct)

In re Berg, 45 B.R. 899, 903 (9th Cir. B.A.P. 1984)
(when abandonment occurs)