December 4, 2000

TO ALL BANKRUPTCY PRACTITIONERS AND PRO-PER BANKRUPTCY DEBTORS:

VERIFYING IDENTITY OF DEBTORS

The District of Alaska of Region 18 of the U.S. Trustee will begin a program which will require all chapter 7 and 13 individual debtors who file after January 1, 2001, to provide proof of their identity and social security numbers at the section 341 meeting to the panel or standing trustee conducting the meeting. As a practicable matter it will not be until the 3rd week of January, 2001, when debtors who filed in 2001 will be required to produce proof of their identity and social security number.

Identity fraud is a growing problem around the country. In areas such as Chicago and Los Angeles many instances of fraudulent identification by debtors or debtors with incorrect social security numbers on bankruptcy petitions have been uncovered, or both false identifications and social security numbers. In Alaska instances of typographical errors in social security numbers or the fraudulent use of someone else's number have likewise been discovered. Even in the cases involving typographical error, an innocent party whose social security number was inadvertently used on a bankruptcy petition may have a bankruptcy reported on their credit record. The innocent party, who may not find out about the problem for months or years (when they are denied credit because of the bankruptcy filing), would then have to expend time and money to correct the record.

ACCEPTABLE ITEMS OF PROOF OF IDENTITY
AND SOCIAL SECURITY NUMBER

Acceptable items of proof of identity include driver's license, state identification cards or a valid U.S. passport. The form of identification must have a photograph of the debtor.

For proof of social security number the debtor must provide his or her social card or obtain a Third Party Notification from the Social Security Administration as described below.

IN THE EVENT THAT THE DEBTOR DOES NOT PRODUCE EITHER HIS OR HER SOCIAL SECURITY CARD OR ACCEPTABLE IDENTIFICATION OR BOTH THE CREDITOR MEETING WILL BE CONTINUED TO A LATER DATE SO THAT THE REQUIRED INFORMATION CAN BE OBTAINED AND PRODUCED. IF IT CANNOT BE PRODUCED WITHIN A REASONABLE TIME THE U.S. TRUSTEE WILL MOVE THE COURT TO DISMISS THE CASE.

OBTAINING A REPLACEMENT OR NEW SOCIAL SECURITY CARD

The process for obtaining a new or a replacement social security card or obtaining confirmation of holder's social security number from the Social Security Administration is outlined below:

1. For a new card or a replacement of a lost card or a new card because of a name change. Instructions and the necessary application form can be obtained at the local office of



Social Security Administration
222 West 8th Avenue, #66
(in the Federal Court House Annex)
Anchorage, Alaska 99513-9966
Mondays through Fridays.
or
from SSA's web site: www.ssa.gov

2. An applicant for a replacement or new social security card must use form SS-5, available at the SSA office or the web, along with instructions for filling it out. This form is the universal form used for both obtaining a new social security card and number or a replacement for one if the card holder has lost his or her card, or if the card holder's name has changed. The applicant should receive the new or replacement card within 10 to 14 days.0

For a replacement card Social Security requires the applicant to furnish one "identifying document," including a driver's license, marriage or divorce record, military records, insurance policy, employer ID card, adoption record, passport, health insurance card or school ID card.

For a name change on a card Social Security wants documentation showing the applicant's old name and the new name.

Only original documents or certified copies of original documents are acceptable proof.

3. Quick verification of a person's social security number (known as "Third Party Notification"). The only other method available through Social Security for obtaining confirmation of a person's social security number is called "Third Party Notification." By this method the verification can be obtained in 4 to 5 days.

First, the applicant's attorney prepares a letter for the debtor requesting that the local office of Social Security verify the card holder's social security number and notify the U.S. Trustee, of the cardholder's correct number. The letter needs to contain the U.S. Trustee address, 605 W. 4th Avenue, Ste 258, Anchorage, AK 99501, and a brief explanation of the reason for the request.

Second, the card holder takes the letter in person to the local office of Social Security Administration (222 West 8th Avenue, #66) and fills out a form which the local office maintains on computer (SSA Form 7028). The applicant must produce identification to SSA (driver's license, military records, etc.)

Please present any special problems this new initiative may cause to this office for resolution. We appreciate your cooperation.

Sincerely,



Jan Samuel Ostrovsky
United States Trustee


Barbara L. Franklin
Assistant U.S. Trustee

cc D. MacDonald,
W. Wolfe