Motion to Be Alive

E. KENT WINWARD #5562

ABRAHAM O. SMOOT, VII

Attorneys  for Debtor

4850 Harrison Blvd. Suite 1

Ogden, Utah 84401

Telephone: (801) 392-8200

Facsimile: (801) 392-2724

utahbankruptcyfirm@gmail.com

 

 

 

IN THE UNITED STATES BANKRUPTCY COURT

District of Utah

 

 

 

In the Matter of:                                                                                         Case No. 07-22347

 

                                                                                                                 Chapter 13

 

              Joe K ,

 

 

MOTION FOR JUDGMENT/ORDER  THAT THE DEBTOR IS ALIVE

 

 

 

Debtor, through counsel, hereby moves the Court for an Order stating that the Debtor is alive.

 

1.  Debtor filed a Chapter 13 petition on May 23, 2007.

 

2.  The plan was confirmed on September 10, 2007.

 

3.  Debtor was attempting to refinance his home and possibly provide an early payoff for creditors when he discovered he has been declared dead by the various credit bureaus.

 

4.  The Credit Bureaus have refused to speak with Joe K., asserting that he cannot speak to them because he is dead.

 

5.  Joe K. has delivered requests to the three bureaus to remove the erroneous reporting.

 

6.  Attached as Exhibit A to this Motion is Joe K’s letters to the three bureaus and the supporting documentation that he is in fact alive.

 

7.  Joe K.'s case is complicated by the fact that he has worked his entire adult life on the railroad and has not contributed any funds into the Social Security Administration, but rather through railroad retirement, so he has been unable to verify that he is alive through the Social Security Administration.

 

8.  Debtor has continued to make his Chapter 13 payments.

 

9.  Attempts up to this point to have his status with the Credit Bureaus corrected have failed and it is in the interest of the creditors and the bankruptcy estate that the Debtor be allowed to apply for credit as a living, breathing human being.

 

WHEREFORE, Debtor requests that after a hearing on the matter that the Debtor be declared alive and kicking.

 

DATED: February, 2009

 

_____/s/__________________________

E. Kent Winward

Attorney for Debtor

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