How To Find Out If Someone Filed Bankruptcy With A Public Record Search
Ed Smith
Theres nothing wrong with filing for bankruptcy protection. In most situations, it can give people a new opportunity for a healthy financial future. But you might find yourself in a situation where you want to know if someone has ever filed for bankruptcy protection.
Going on a date with someone and want to know a bit about their financial history? Want to discover ? Fortunately, its fairly easy to discover bankruptcies filed by almost anyone. Since bankruptcies are filed in court, information about bankruptcies are a matter of public record.
Instant Checkmate makes it easy to pull bankruptcy data and other information from public records. If you want to see if someone escaped financial hot water, its simple to discover that fact. Just enter their name below and enter ‘SEARCH’ or keep reading to learn more.
Bankruptcy Is Public Record
While only your creditors and potentially your employer will need to be notified specifically that you filed bankruptcy, the fact that you did file is saved on a website called Public Access to Court Electronic Records .
Searching PACER is hard, however, so only lawyers do it.
In order to search if someone has filed bankruptcy on PACER, the searcher has to pay money and make a user name and password.
The good news is that, if we are honest, most people dont care.
If you are a prominent member of the community, it could be an issue that you wish to prevent.
In these cases, you may be able to file in another district, but that sort of subterfuge can be just as damaging, if not more so.
Some very small papers may seek to take advantage of it. However, most newspapers find there are too many bankruptcy filings in their town.
And their readers? Well, they just dont care.
It is more newsworthy and interesting to see business bankruptcies in the paper as it will affect a larger part of the community, but your personal bankruptcy is unlikely to show up in the newspaper.
Updated By Cara ONeill, Attorney
When someone breaks a contract or injures you in some way, you can file a lawsuit asking for money to reimburse your loss. But, you might be out of luck if the person you want to sue files for bankruptcy. Whether you can sue will depend on the type of issue involved and the date of the incident.
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.
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How Do I Find Out If Someone Who Owes Me Money Has Filed Bankruptcy
2010-09-25
The Office of the Superintend of Bankruptcy maintains an electronic record of each insolvency filed in Canada since 1978. The information consists of, among other things, the name and address of the bankrupt , the date of the filing, the date of the bankrupts discharge , the trustees name, address, phone number, and if the trustee has completed the administration of the file, the date of the trustees discharge.Anyone who wishes to conduct a search of the database may do so at minimum cost of $8. This amount is payable even if there is no record on file matching the name being searched. In order to minimize the charges, be as specific as possible when entering the search criteria. The link to the search may be found at http://www.ic.gc.ca/eic/site/bsf-osb.nsf/eng/h_br01991.html
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How Will A Bankruptcy Affect Applying For Future Credit
Your spouses bankruptcy could affect any joint financing you pursue during your marriage. Buying a house is one of the biggest purchases youll make as a couple, and you may face some hurdles if your partner has bad credit or has been through a bankruptcy. When a couple applies for a home loan, the lender will generally focus on the middle, or median, score for both partners and use the lower of the two to determine loan terms. If your partners score is low due to bankruptcy, it may mean paying a lot more in interest or not being approved for a mortgage at all.
Bankruptcys effect on your spouses credit will also affect the likelihood that your spouse can qualify for a loan on their own, and the interest costs theyll pay if they are approved. If youre willing, you can cosign a loan for them, which can help them qualify for lower rates. As a cosigner, youre financially responsible for paying back the loan if theyre unable to.
Depending on the type of bankruptcy they filed, that event will stay on your spouses credit report for either seven or 10 years. There are ways they can raise their score and increase your opportunities as a couple even before a bankruptcy is removed from your spouses reports.
Your partner should make sure all bills are paid on time going forward. That includes rent, utilities, credit cards, student loans and any other debts. Even if you can only pay the monthly minimum, on-time payments are crucial to achieving and maintaining good credit.
Two: Run A Background Check
A background check will provide you the widest amount of information on someone, indicating other financial problems or potential crimes that may be relevant to your interests. For example, a financial services employer may find nothing under a simple bankruptcy search, but a background check would reveal a long chain of theft in various states associated with this individual.
Its better to get comprehensive and up-to-date information, especially when youre attempting to hire. Background checks also offer instant service, providing more relevant data from around the United States.
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How To Find Out If Someone Filed Bankruptcy In Illinois
Bankruptcy, although a highly personal matter for some, is not considered private by the judicial system. When an individual or company files for bankruptcy, that bankruptcy petition becomes a matter of public record. A public record of the bankruptcy exists regardless of whether or not the debtor ever receives a bankruptcy discharge. If you know where to look, you can find out if someone filed for bankruptcy no matter which state he lives in.
Disclosing Bankruptcy On Credit Or Employment Applications
If you are applying for a new job, the application may ask about prior bankruptcies. Also, a credit check can be part of a background check required by the employer. If the job application asks you about bankruptcy, be honest and disclose it. If you lie on your employment application, it may be grounds for the employer to terminate or not hire you.
Similarly, if you are applying for new credit, youll want to answer any questions relating to prior bankruptcies truthfully. In most cases, your lender will also require a credit check before lending you the money. If you intentionally lie on the credit application, it can constitute fraud and lead to potential problems or legal action in the future.
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How Can I Find Out If Someone Has Entered Bankruptcy In England And Wales
When a bankruptcy order is made, whether on a creditors or debtors petition, the fact of the bankruptcy automatically becomes a matter of public record.
In England and Wales, if you are a creditor of someone you suspect may have been declared bankrupt there are two main ways to find out if your suspicions are correct:
- It is stated in law that insolvency and bankruptcy notices must be placed in the Official Public Record, The Gazette.
- Alternatively, you can do a bankruptcy search on the Individual Insolvency Register on The Insolvency Service website.
What Bankruptcy Records Exist In Canada
The official bankruptcy records in Canada are compiled by the Office of the Superintendent of Bankruptcy Canada and are public records. This means that any member of the public can access them via an internet search tool on the OSB website, although there is a fee, and searches must be very specific.
The OSB sends a monthly list of new bankruptcies to each of the credit bureaus , who record them on their credit histories of individual consumers. The OSB also sends information on bankruptcies that have been discharged , and the bankruptcy record for each person is removed from that persons credit report after a set number of years.
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Dealing With Your Car Loan
If you own a car that you still owe on, youâll have to let the bank and the court know what you want to do with it one one of your bankruptcy forms.
If you want to surrender the car to the lender and discharge the debt, you donât have to do anything other than stop making your payments. The bank will either file request with the bankruptcy court to ask permission to retake the car, or wait until your discharge is granted before picking it up.
If you want to keep the car, you can either reaffirm the loan or redeem the car. If youâre reaffirming your loan, the bank will send you a reaffirmation agreement after your case is filed. You have to complete and sign the agreement and return it to the bank within 45 days from your 341 meeting. The bank files the signed agreement with the court for approval.
To redeem the vehicle you have to file a motion with the court and, once granted, buy the car from the bank for its current value. This gets you out of having to pay the amount left on the loan, but payment has to be made in one lump sum.
Filing for bankruptcy takes some preparation. Hiring a good bankruptcy attorney is one way to file. But if you can’t afford the attorney fees to hire one and you need a fresh start, Upsolve may be able to help. If you’re eligible, our free web app will walk you through the process and help you prepare your forms for filing with the court.
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How Can I Find Out If Someone Has Filed Bankruptcy
- Posted on Feb 23, 2015
You can do a US Party Search on Pacer, but if all you have is a last name , that would not be helpful. You can search by Social Security number, if you have that. If you are being told by someone who owes you money that they filed for bankruptcy, your best option is likely to ask the person for the case number. If they haven’t really filed, they won’t have an answer for that.
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What Happens After Filing For Bankruptcy In 2021
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In a Nutshell
Knowing what happens after you file bankruptcy can make it seem less intimidating. Read on to learn about filing Chapter 7 bankruptcy, the meeting of creditors, keeping your car, and why creditors must stop contacting you after filing.
Knowing what happens after you file bankruptcy can make it seem less scary. Read on to learn about filing Chapter 7 bankruptcy, the meeting of creditors, keeping your car, and why creditors must stop contacting you after filing.
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How Do I Find Out If Someone Has Filed For Bankruptcy
How do I find out if someone has filed for bankruptcy?
My employer has been bouncing checks all over town, including employees paychecks. Between bounced checks and checks that Im holding because theyll just bounce if theyre deposited, he owes me almost $10,000. Hes been on an economic downhill spiral for a few years, and I suspect that hes about to hit rock bottom. Ive stopped working for him, but I need to collect on these checks. I plan to file a complaint with the state dept of labor, which says it can garnish funds from his bank account within 60 days, but without the $5,000 maximum judgment of small claims court. My concern is that he will file bankruptcy before I get paid. I know that I can file as one of his creditors in bankruptcy court, but how do I find out when/if hes applied for bankruptcy? Do I have to subscribe to some publication and watch for his name, or is there some watch list where I can request to be contacted if he files? How does it work
Answer : I might suggest one to try this site where you can get from different companies: .
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Can You Stop Your Details Being Published
If there’s a risk that you or your family might be at risk of violence if your address is made public, you can apply for a Persons at Risk of Violence order. Once you have started your bankruptcy application you can apply for a PARV.
You need to fill in the application form which you can find on the GOV.UK website.
You can then submit the form to your local court that deals with bankruptcy. You will need to attend a hearing where the court will decide your application.
Pull The Correct Instant Checkmate Report
can contain information about a persons location, contact info, family info, and criminal records.
Records can include:
- Current and Last Known Addresses
- Satellite Imagery of Addresses
- Neighbors
- Business Associates
These financial records can give you clues about someones total financial health. If, for example, someone has a bankruptcy, tax liens, and foreclosures, then its reasonable to assume their accountant isnt very happy with them. On the other hand, if someone filed for bankruptcy, but also owns valuable businesses or land, then its possible their financial health is better than it appears.
The Author
Ed Smith is a writer, coffee addict, and jack of all trades. He’s based in San Diego, California.
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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.
What Are The Benefits Of Filing A Chapter 7 Bankruptcy In Texas
Individuals who file a chapter 7 bankruptcy in Texas state may gain the following benefits:
- Under a Chapter & bankruptcy, the courts prevent creditors from possessing the debtors assets and properties.
- Chapter 7 bankruptcy cases have a 94.3 percent success rate, as opposed to other types of bankruptcy claims
- Debtors and creditors can get verdicts and settlements within three to six months
- There is no minimum debt requirement when filing for a chapter 7 bankruptcy.
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