Is Bankruptcy Discharge Public Record In 2021
2 minute read â¢Upsolve is a nonprofit tool that helps you file bankruptcy for free.Think TurboTax for bankruptcy. Get free education, customer support, and community. Featured in Forbes 4x and funded by institutions like Harvard University so we’ll never ask you for a credit card.Explore our free tool
In a Nutshell
There are a few, limited ways that your bankruptcy becomes public record.This alone shouldn’t stop you from choosing to file for bankruptcy.
Whether or not a bankruptcy discharge is public knowledge can be an important factor if youâre considering bankruptcy.
Use An Online Bankruptcy Name Search
The most convenient method for determining if someone you know has filed for bankruptcy protection is by using an online bankruptcy name search service like CheckThem.
For a low monthly fee, you can check on potential bankruptcy filings for anyone you know.
This service is fast and extremely accurate. To get started, you will only need the first name, last name, and state of residence for the person you are searching for. That said, you may need additional information to confirm you have the right person. This is especially true if the name you are searching for is common.
Thankfully, validating a persons identity is often simple. The more biographical information you know about the person, such as age, date of birth, address, or even employment history, the easier it will be to determine if you have the right person.
The most convenient part of this service is that the search is nationwide. Some states have multiple bankruptcy courts, and filers do not always file in the district in which they live. With a checkthem.com background check, you can search nationwide for bankruptcy filings in seconds.
Why Should I Find Out If Someone Filed Bankruptcy
Discharging debts in bankruptcy means that a debtor is no longer required to pay those debts. Debs are either discharged and assets sold to pay the creditors, or the court creates a repayment plan for the debtor to repay debts in a way that is more manageable based on their current income and finances.
The court enters an order that prohibits creditors to attempt to collect the discharged debts via legal action, telephone calls, letters, or other forms of contact.
There are a variety of reasons why someone might file for bankruptcy. Some of the more common reasons include:
- Unemployment
- Overextended personal lines of consumer credit
Filing for bankruptcy is generally not a decision people take lightly, but the fact that someone has taken that route to get out of debt might be of interest to other individuals who have an interest in their financial history and current financial health.
Bankruptcy cases are exclusively the jurisdiction of federal bankruptcy courts. Bankruptcy records are public information and can be helpful for making financial decisions. There are several reasons why you might want to find out if someone filed for bankruptcy. Some of the more common reasons are:
- Researching the financial history of a potential business partner
- You need to determine whether it is a smart decision to loan money to someone or
- You are interested in the financial history of a business.
Read Also: Will Filing Bankruptcy Clear A Judgement
How To Review Bankruptcy Filings
Whether you are reviewing bankruptcy filings electronically or in person at the courthouse, you review the records in the same way. Each bankruptcy case has what is known as a docket. A docket is an index of all the documents filed in a particular case. This allows you to quickly review all filings in a bankruptcy case and choose which specific documents you need. For example, if you are looking for the schedule of property filed by a debtor, visually search for the word “schedule” in the docket. If you are looking for a motion to dismiss, visually scan the docket for the word “dismiss.” If you are reviewing the docket on a computer, you can use the computer’s search function to quickly find these words. You can download a document from PACER, or if you are searching in person, you can request the particular document from the clerk.
Can I View My Bankruptcy Case Online
Federal case files are maintained electronically and are available through the internet-based Public Access to Court Electronic Records service. PACER allows anyone with an account to search and locate appellate, district, and bankruptcy court case and docket information. Register for a PACER account.
Read Also: Which Of The Following Phrases Best Summarizes Chapter 7 Bankruptcy
How To Find Out If Someone Has Filed Bankruptcy
November 13, 2017, 9:00 am71 Views
There are a variety of reasons why someones record of a bankruptcy filing could affect their credit or trustworthiness. Job applications in the financial sector routinely require credit and background checks as safeguards when handling client money. Those are who financially responsible tend to understand the value of providing financial services and may be more desirable candidates for employment.
In rental situations, bankruptcies can be indicators of major risks a landlord is taking. For a smaller landlord, such a risk can turn into a complicated and expensive legal battle.
If youre concerned with someones history of bankruptcy, you can quickly check publicly available records using these three steps.
Do You Have To Disclose Your Bankruptcy To Your Employer
You dont have a proactive duty to tell your current employer that you filed for bankruptcy in the past. However, because your bankruptcy filing is a public record, your employer can find out about it through a public record search or credit check. Also, if you are in a Chapter 13 bankruptcy and fail to make your monthly plan payments, in some states, the court or the bankruptcy trustee will send your employer a wage deduction order to withhold the payments directly from your paycheck.
Read Also: Can You Get An Sba Loan With A Bankruptcy
Contact A Bankruptcy Attorney For Help
Theres always a chance that someone may find out about your bankruptcy since it is public record. But you shouldnt be overly stressed that it will be broadcast for the whole community to hear. Aside from those directly involved in your case, most people are too busy with their own finances to be concerned with yours.
Contact the attorneys at Parker & DuFresne, P.A. if youre considering bankruptcy as an option. We have decades of experience in bankruptcy law and can guide you through the process. Call us at 733-7766 for your consultation.
How Do My Creditors Learn Of My Bankruptcy
The Licensed Insolvency Trustee in an individuals consumer bankruptcy mails a notice of bankruptcy to each of the individuals creditors. Creditors of a bankrupt individual record the bankruptcy when they receive this notice.
If you are applying for new credit while your bankruptcy remains on your credit bureau records, the companies considering granting credit to you may record the bankruptcy when they check your record at a credit bureau.
Recommended Reading: Which Statement Regarding Bankruptcy Is Not True
The Final Steps Of Your Journey Towards Lasting Debt Relief
Getting all of your bankruptcy forms prepared and filed with the bankruptcy court is usually the most time-intensive process of a Chapter 7 bankruptcy. But that doesnât mean that your job is done. There are a few things everyone filing Chapter 7 bankruptcy has to do to successfully complete their bankruptcy case and receive a discharge. Letâs take a look at what you can expect will happen in your Chapter 7 bankruptcy.
Pay Filing Fee in Installment Payments
If you can’t pay the entire Chapter 7 bankruptcy filing fee and you don’t qualify for a fee waiver, then you can apply to pay the filing fee in installments. You can ask to make four installment payments. The entire fee is due within 120 days after filing.
If the bankruptcy court approves your application, it will grant an Order Approving Payment of Filing Fee in Installments. Your installment payment due dates will be in that order. You must pay all installments on time or your case is at risk of being dismissed.
Take Bankruptcy Course 2
You will complete a credit counseling course before filing bankruptcy. There’s a second course you must take after filing bankruptcy. It covers personal financial management and can help you take advantage of your fresh start after erasing your debts through bankruptcy.
You have to take this course after your case is filed but make sure itâs be completed within 60 days from the date of the meeting of creditors. A certificate of completion must be filed with the court.
Dealing With Your Vehicle
One of the forms you will file with the bankruptcy court is called the Statement of Intention. In this form, you tell the court what you plan to do with property that is securing a debt you owe, like real estate or a vehicle.
If you own your vehicle but are still paying on the loan, you have a few options on how to deal with it in Chapter 7 bankruptcy.
Reaffirmation
You can reaffirm the debt, keep your vehicle, and continue making payments. This means the debt will not be discharged and you will continue making monthly payments during and after bankruptcy. If you miss future payments the lender will have the right to repossess the vehicle and possibly try to collect on any deficiency between the balance you owe and the amount they get when selling the vehicle.
If you select this option in your Statement of Intention, your car lender will send you a reaffirmation agreement for you to complete and return. In some bankruptcy cases a reaffirmation hearing will be scheduled.
Surrender
If you choose to surrender your vehicle, then it will be repossessed and the debt will be discharged in your bankruptcy. Filers with high car payments they can’t afford often choose to surrender their car to get out of the debt.
Redemption
Also Check: How Many Times Has Trump Declared Bankruptcy
How To Research Bankruptcy Filings
Generally, bankruptcy filings are public record, available to anyone who wishes to review them. You can access the case documents online through PACER, an electronic public access service of United States federal court documents. Alternatively, you can search the bankruptcy records in person at the relevant bankruptcy court clerk’s office. Bankruptcy filings consist of all the documents that are filed in a particular case. Some important motions for which you should watch are motions to dismiss the case or motions to convert to another type of bankruptcy proceeding. These motions reflect a possible failure on the part of the debtor to follow bankruptcy rules and may affect your rights if the debtor owes you money.
How To Cancel Attachment Orders Or Direct Debits
Once you have entered bankruptcy you need to cancel any direct debits, unless the type of debt isnt included in your bankruptcy, e.g. court fines, Child Support. The Official Assignee cannot cancel the direct debit for you. You will need to contact your bank.
If you have an attachment order over your wages for a debt that is included in your bankruptcy, your creditor should tell your employer to stop making the deductions once they receive the report from the Official Assignee. If this does not happen you need to take a copy of your bankruptcy acceptance letter to the District Court that made the order and ask them to cancel the order.
Read Also: How Many Bankruptcies For Donald Trump
Apply For Consent From The Official Assignee
You must apply to the Official Assignee for consent to:
- leave the country, even if it’s just temporarily.
- be self-employed, or involved in the running of any business your application needs to include details of an independent person with financial experience who has agreed to monitor your financial affairs and make sure that you meet all your tax and financial obligations. You must include a letter from them confirming this. You are considered to be self-employed if you are responsible for paying income tax, GST, ACC or any other tax for yourself or any employees if you are paid on commission or if you pay withholding tax eg if you are a building contractor or real estate agent. You are considered to be involved in management if you are involved in decisions or policies about the finances or business of the company, or if you do more than carry out decisions as an employee. If you are unsure, please ask your Insolvency Officer.
- be employed by a relative . A relative includes your parent, spouse, child, brother, or sister, and also your spouses parent, child, brother, or sister. And your spouse includes your husband, wife, and de facto or civil union partner.
Will My Bankruptcy Be Published In The Newspaper
This is not likely. A newspaper publishes a legal notice of a persons bankruptcy only when the individual has substantial assets. In this case, the notice is placed by the individuals Licensed Insolvency Trustee as a way to communicate with creditors. Otherwise, it is rare for a newspaper to publish information about an individuals bankruptcy, because the paper would neither know about it nor consider it newsworthy.
Don’t Miss: How Many Bankruptcies Has Donald Trump Filed
How Can I Find Out If Someone Has Filed For Bankruptcy
There are a couple of different ways to find out if a person or business has filed for bankruptcy. The first is the PACER system. PACER is an online method for obtaining case information, as well as documents that have been filed throughout the course of a bankruptcy proceeding. You may call 676-6856, or visit their website at www.pacer.gov to receive a login and password . A credit card is required for this service. Once you have received a login and password, you may search the Courts records by name, case number, or Social Security number.
The second method for obtaining case information is the Courts VCIS , which is accessible by telephone at 222-8029
Why Search A Bankruptcy Filing
Anyone interested in whether or not a relative, acquaintance, or potential business partner has filed for bankruptcy has their own reasons. However, active bankruptcy can have a major impact on some decisions in your life, including:
* When you are sizing up a potential business partner or investor* When you are considering giving someone a loan* When you need to know about the financial health of a business* When you are reviewing a property rental application
Don’t Miss: Is Taco Bell Filing For Bankruptcy
Who Can File For Bankruptcy Chapter 11 In Texas
Individuals and entities can voluntarily file for a Chapter 11 bankruptcy when they do not want to liquidate their assets or when the debt profile is above the requirement under a Chapter 13 bankruptcy. On the other hand, creditors can also force a company or individual to file for chapter 11. Under 11 U.S.C. §§ 109, 362-, bankruptcy courts can force a debtor to file for bankruptcy if three or more creditors petition the court. In addition, bankruptcy court prevents creditors from taking possession of a debtors properties after filing for bankruptcy this provides debtors with enough time to develop a debt repayment plan.
Also Check: How Many Bankruptcies Has Donald Trump Had
Information For Bankruptcy Professionals
All bankruptcy related correspondence, including notices of the filing of a bankruptcy case and related motions, and the submission of tax returns for pre-petition periods, should be forwarded to:
Alabama Department of RevenueP.O. Box 320001Montgomery, AL 36132-0001
If you have questions about the pre-petition tax liabilities of your client, please contact the Bankruptcy Section at 334.242.9690. Unless a statutory exception applies, to obtain this information, you will need to submit a Power of Attorney executed by you and your client. Please submit the completed form to the address above or via facsimile to 334-242-9782.
You May Like: How To Become A Bankruptcy Lawyer
Are Personal Bankruptcies Public Record
Yes. Chapter 7 and Chapter 13 bankruptcy records and public bankruptcy filings, including schedules with financial information of debtors, are publicly-filed documents . Bankruptcy information is public record.
At the time of filing, each bankruptcy is assigned a case number by the U.S. Bankruptcy Court in either the Northern, Eastern, Southern or Western District of Texas. Documents are primarily available for access through the federal Public Access to Electronic Records, or PACER, system.
According to PACER, the website includes a case locator funding which allows for searching for bankruptcy, as well as federal district and appellate cases. PACER requires registration for all users, which includes providing valid name, address, contact information, and billing information. The site charges users access at the rate of $.10 per page.
Beyond PACER, companies called Justia, BK Data Marketing, and Filings also offer access to Texas Bankruptcy records in all four district courts, though these resources are potentially less comprehensive and up-to-date than PACER.
For older bankruptcy cases before the 1990s, it may be necessary to contact or to have your lawyer contact the clerk of the Bankruptcy Court to figure out how to find bankruptcy records or how to find bankruptcy filings in Texas.
How Do I Find Out If Somebody Has Filed For Bankruptcy
To find out if somebody has been declared bankrupt, you can search the Individual Insolvency Register for their details. You can search by an individuals name or by company name.
Here, you will be able to find the records of any individual who has an existing bankruptcy or one that has ended in the past three months. You can find out an individuals case number and who is aiding them with their debt solution.
You May Like: How Many Bankruptcies Has Donald Trump Filed
