Important information from the United States Trustee's Office
Contact: 859-233-2822

OFFICE OF THE UNITED STATES TRUSTEE
REGION VIII
Kentucky/Tennessee

SUBJECT:  DEBTOR'S SOCIAL SECURITY NUMBERS AND IDENTIFICATION
DATE: JANUARY 18, 2002
TO:  BANKRUPTCY PRACTITIONERS
FROM:  JOHN R. STONITSCH
EASTERN DISTRICT OF KENTUCKY 
ASSISTANT U.S. TRUSTEE

IMPORTANT - SECTION 341 MEETING POLICY CHANGE BEGINNING WITH ALL CHAPTER 7 & 13 CASES FILED

MARCH 1ST, 2002 AND THEREAFTER DEBTORS MUST PROVIDE CASE TRUSTEES WITH PICTURE IDENTIFICATION TO VERIFY THEIR IDENTITY AND PROOF OF SOCIAL SECURITY NUMBERS  

Acceptable picture identification includes a valid state-issued driver's license, state-issued picture identification card, passport, legal resident alien card, student photo identification or work photo identification. Acceptable proof of social security number includes a social security card, a current W2 form or some other official document which shows name and social security number. If the debtor does not have the required identification, the Office of the United States Trustee will file a motion to dismiss the case. 

In the event that the social security number on the petition is incorrect, you will be required to file an amended petition to correct the social security number. The amended petition must be provided to the trustee, the United States Trustee, and served on all creditors. The debtor or debtors counsel will be required to send ANotice of Correction of Social Security Number in Bankruptcy filing and a copy of the amended petition to the three major credit reporting agencies, with a copy to the United States Trustee. If an amended petition is not provided to the trustee and the United States Trustee within 10 days of the meeting of creditors, the United States Trustee will file for dismissal or other appropriate action.

The United States Trustee believes that it is important to verify social security numbers to protect innocent third parties from both the intentional or inadvertent use of their social security numbers and to prevent bankruptcy fraud. In an effort to correct credit records of any individual whose social security number was misused, we are asking that you send the amended petition along with the attached form to the three largest credit reporting agencies. This will help ensure that the innocent party's credit record is corrected and will not reflect a bankruptcy filing, when in fact that individual has not filed a bankruptcy. The cost to correct the adverse credit report for these innocent individuals can be substantial. We believe that with your assistance we will be able to reduce the number of cases which are being filed with incorrect social security numbers. It will also greatly help reduce incorrect information being provided to credit reporting agencies thereby relieving innocent parties of having to spend substantial time and money to correct their credit records. 

In those instances in which an improper (as opposed to typographical error) social security number was used, the trustee will be required to submit to the United States Trustee the attached Social Security Report. From this information, the United States Trustee will verify the Debtor's social security number and will take other appropriate action depending on the Debtor's explanation for the incorrect number. The United States Trustee will maintain this information for statistical purposes and follow-up. Instances in which a social security number was fraudulently used will result in the United States Trustee making the appropriate referral to the United States Attorney's Office.

We appreciate your cooperation in implementing this new policy. If you have any questions, please contact me at 859-233-2822.  

Identity Documentation:

*       driver=s license

*       State picture ID

*       U.S. passport

*       legal resident alien card

*  other:______________________________________________________________