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Will a bankruptcy filed against the wrong address on the same street effect and innocent person's house?

Pittsburgh, PA |

A bankruptcy was filed against my sister's address, instead of the correct address up the street. Whether it was done accidently or on purpose, not sure. Claim is filed in court and she is now getting harrassing phone calls at home and on her cell. Is this easy to fix? Can it cause her problems? What does she do to get it solved?

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Attorney answers 3

Posted

Your post does not make sense. Bankruptcy cases are not filed "against" an address, property or person. Do you mean the debtor who filed made a mistake on the address on the petition? Someone else filed something with the incorrect address? You need to be much more specific. Otherwise, when people call tell them it was a mistake or just don't answer for a while.

Posted

I don't know why your sister would be receiving calls. The bankruptcy petition that was filed had the debtor's name and SS number. THIS is the key information that shows who filed bankruptcy. Your sister's credit history should not be affected. Your sister should call the debtor's attorney to get the address corrected. Good luck to her.

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Posted

I would suggest your sister calling the Bankrupt(s), pointing out the error, and asking them to correct the problem. If that is not possible for any reason the contact the Bankrupt(s)' attorney, pointing out the error, and requesting that it be corrected immediately. In the event either of the above suggestions do not work, then suggest contacting an attorney, to take the steps necessary to correct the problem. I suspect that it was a clerical error not an intentional one. If you believe that the error was intentional, then you should contact an attorney to discuss whether you possibly have an action for libel against the Debtor(s) which may not be dischargeable debt, if you take the appropriate steps.

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