It Is Relatively Easy To Replace A Lost Copy Of Your Bankruptcy Discharge Record
It is a good idea to keep a copy of all of your bankruptcy case-related documents, particularly your discharge paperwork. However, if you lose it, it may be replaced.
When the bankruptcy process is concluded, the debtor is released from liability on a variety of debts. When the court determines the debtor has fulfilled all of his or her obligations in filing for bankruptcy protection, the discharge order is entered by the court and the debtor gets a copy of his or her discharge papers in the mail. It is wise to keep your copy of these documents. Your Iowa bankruptcy lawyer will remind you of the importance of keeping these kinds of documents throughout your bankruptcy filing.
Remembering to keep original bankruptcy discharge papers is routine for some debtors and more difficult for others. Managing and organizing court-related documents is not something most debtors do on a regular basis. If you are a debtor who has lost your bankruptcy discharge papers, you may obtain another copy in one of three ways. The first way to obtain copies of case-related documents is to contact your Iowa bankruptcy lawyer to see if he or she has an extra copy of the document you are seeking in the office file.
Posted on Wednesday, July 18th, 2012 and filed under News and Press.
Obtain Copies From The Federal Records Center
This court began electronic case filing on April 1, 2004. Cases filed prior to that date might be available from the National Archives Federal Records Center located in Kansas City. Please note that the National Archives retains a representative sample of bankruptcy cases, but does not retain all cases. When you make a request for documents from the FRC, you will be informed of whether the case is still available.
Form NATF 90 is used to request bankruptcy case documents from the FRC. The form asks for a series of numbers to identify the location of a case. The FRC cannot locate files without this information. This information must be obtained from the Bankruptcy Clerk’s Office where the case was filed. for phone numbers and email addresses for each office.
To obtain the location numbers needed to complete Form NATF 90, your request to the court must include:
- Debtor’s complete name at time of filing,
- Last four digits of debtor’s Social Security number ,
- Debtor’s case number ,
- Approximate year case was filed.
The court will provide the following FRC information to complete Form NATF 90:
- Court Location,
Contact The Clerk Of The Court
The first place to check when you need a copy of your bankruptcy discharge papers is with the Clerk of the Court where your case was filed. Some courts will allow you to search the record online for free, while others charge a fee for searches. If you need copies of the document, there will be a fee as well. Copies of the document are often a charge per page. If it has been many years, the case may have been archived, so additional fees may apply.
Also Check: What Is Bankruptcy And Insolvency Act
Learn Where To Find The Official Bankruptcy Forms How To Find Out About Local Forms And Requirements And Where To File Your Forms
Updated by Cara O’Neill, Attorney
COVID-19 Updates: Retirement and Stimulus Fund Protections Safe Filings.
If you’re one of the millions laid off due to COVID-19, bankruptcy can erase bills while keeping most retirement accounts intact. And you don’t need to worry about losing your stimulus fundsthe new bankruptcy “recovery rebate” law protects stimulus checks, tax credits, and child credits. Bankruptcy lawyers will consult with you virtually, and courts continue to hold 341 creditor meetings telephonically or by video appearance unless an in-person meeting is necessarysee the U.S. Trustee’s 341 meeting status webpage for details.
Streamline your researchtake our bankruptcy quiz to identify potential issues with your bankruptcy case.
When you file for Chapter 7 or Chapter 13 bankruptcy, you must fill out a packet of forms. These consist of a “voluntary petition,” several other forms called “schedules,” and some additional forms. Often the whole packet is referred to as the “bankruptcy petition.”
These forms are issued by the federal government and are referred to as the “official” bankruptcy forms.
What Is A Discharge In Bankruptcy
A bankruptcy discharge releases the debtor from personal liability for certain specified types of debts. In other words, the debtor is no longer legally required to pay any debts that are discharged. The discharge is a permanent order prohibiting the creditors of the debtor from taking any form of collection action on discharged debts, including legal action and communications with the debtor, such as telephone calls, letters, and personal contacts.
Although a debtor is not personally liable for discharged debts, a valid lien that has not been avoided in the bankruptcy case will remain after the bankruptcy case. Therefore, a secured creditor may enforce the lien to recover the property secured by the lien.
Read Also: How Does Bankruptcy Work In Illinois
How Do I Find Bankruptcy Filings
Answer: Unless sealed, all documents filed in a bankruptcy case are available for public viewing. Information contained in bankruptcy case documents is a matter of public record. Documents may be accessed in the Clerks Office during regular business hours, or 24 hours a day via internet access to PACER.
What Types Of Bankruptcy Should I Look For
Individuals and businesses can file for several different types of bankruptcy depending on the reasons for filing.
Some of the common types of bankruptcy include:
Regardless of the type of bankruptcy that was filed, it can be searched the same way. The easiest way is using the online PACER system to access bankruptcy documents. You do not need to know which chapter the bankruptcy was filed under to search online for the record.
If you know the name of the individual or the name of the business, you can begin the search for bankruptcy documents. Chapter 7 bankruptcy is the most common type of claim for individuals. If your search reveals that the person you are looking into filed for Chapter 7 bankruptcy, you will know that their debts were likely more of a personal nature than business related.
Obtain Bankruptcy Discharge Papers Online
Bankruptcy discharge papers confirms that court relieves a debtor for any existing legal debt obligation to certain creditors at the time of filing bankruptcy. After bankruptcy discharge it is advised to retain an authentic official bankruptcy court records, dismissal papers, or final decree to prove that your bankruptcy is finished.
Bankruptcy discharge order is normally 2 to 3 page discharge order and includes:
01. Bankruptcy Records
The most important bankruptcy discharge record in actual is discharge order issued by bankruptcy judge. This official order of the court contained in bankruptcy discharge papers relieves the debtor from all existing liabilities / debts listed in the bankruptcy petition filed.
It bears signature of Judge and 2nd page clarifies debts that are discharged and debts not discharged.
02. Explanation of Bankruptcy Discharge Order
This page of explains to creditors that collection of certain debts is now prohibited. It also clarifies that what type of debts are discharges and debts that are not discharged.
03. Certificate of Service
This page is an additional page sometimes attached to discharge papers and confirms that court has served this order to debtor, attorneys, all creditors listed in the bankruptcy case and related parties informing that debtor under bankruptcy is discharged.
Why you need an official authentic bankruptcy records:
1. To apply for new loans or credits
2. To apply for fresh mortgage
3. To update your credit report
May The Debtor Pay A Discharged Debt After The Bankruptcy Case Has Been Concluded
A debtor who has received a discharge may voluntarily repay any discharged debt. A debtor may repay a discharged debt even though it can no longer be legally enforced. Sometimes a debtor agrees to repay a debt because it is owed to a family member or because it represents an obligation to an individual for whom the debtor’s reputation is important, such as a family doctor.
Recommended Reading: How Expensive Is It To File Bankruptcy
Obtaining Copies Of Documents
Public terminals are located in each Clerks Office. Viewing information is free the cost to print information from the public terminal is $.10 per page.
You may also obtain photocopies by visiting our Clerks Office or by submitting written requests to the office where the case is pending:
US Bankruptcy Court
402 East State Street
Trenton, NJ 08608
The current charge for photocopies is $.50 per page. The court does not accept personal checks or cash. Copy fees must be paid by corporate check, attorney account check, certified check or money order or pre-approved credit card.
If you have PACER access and the document you need is not available electronically, you may request the court to scan documents 25 pages or less and we will make it available for downloading within 48 hours. Please e:mail your request to the appropriate office:
Documents larger than 25 pages will be photocopied and either mailed to you or you can arrange for pick up at the Clerks Office. The photocopy fee of $.50 per page applies.
Do I Need A Lawyer To Find Out If Someone Filed For Bankruptcy
Searching bankruptcy records is usually a straightforward process. The information is a matter of public record and is readily accessible, either in person or online.
However, if you are interested in an individual or businesss bankruptcy history because of a legal dispute or because you are potentially going into business with them, it is a good idea to contact a bankruptcy lawyer to advise and assist you.
An experienced attorney can help you access and obtain the necessary information contained in the bankruptcy record so that you can make an informed decision regarding your dealings with the individual in question. Bankruptcy records are often used as evidence in court proceedings. A bankruptcy lawyer can help you sort through the documents and determine what is relevant in your particular circumstances.
Lastly, if any legal issues or disputes arise, an attorney can provide you with the advice and representation needed to protect your interests in the event of a lawsuit.
- No fee to present your case
- Choose from lawyers in your area
- A 100% confidential service
Also Check: How To Build Credit Score After Bankruptcy
Filing In The Right Bankruptcy Court
There are federal bankruptcy courts all over the country. The courts are divided into judicial districts. Every state has at least one judicial district most have more. You can file in either:
- the district where you have been living for the greater part of the 180-day period before you file, or
- the district where you are domiciledthat is, where you maintain your home, even if you have been living elsewhere temporarily .
Copy Requests For Bankruptcy Court
Bankruptcy cases closed prior to March 1, 2011
Bankruptcy cases pending or filed on or after March 1, 2001
NOTE: Photocopies are only available for cases filed in the Western District of Missouri.
Electronic copiesIf you have Internet access and a PACER login and password, you may access many documents electronically. Internet access to bankruptcy court records is fee-based and can be found at: .
If you would like the Bankruptcy Clerk’s Office to provide copies:
|Exemplified copy||$22 + copy fee|
Payment for copies is required at the time of the request. We cannot accept personal checks from a debtor in an active bankruptcy case.
Contact the Clerk’s Office at 816-512-1800 weekdays from 9 a.m. – 4:30 p.m. to obtain information about the total cost of your request. Send your request, a self-addressed, stamped envelope for your return copies, and a check or money order payable to the Clerk of Court to:
U.S. Bankruptcy Court400 E. 9th Street, Room 1510Kansas City, MO 64106
In person:Case records for bankruptcy cases filed on or after March 1, 2001 can also be reviewed at the courthouse during business hours, 9 a.m. – 4:30 p.m. weekdays. If copies are made, payment is acceptable by check or cash.
How To Request Bankruptcy Case Files For Use On
The National Archives at Kansas City provides on-site access to bankruptcy records to researchers in our research room. Appointments are required to view the materials as they must be retrieved from an off-site storage location.
Researchers must submit a request at least two business days in advance of their desired appointment. Our research room is open Monday-Friday, 8 a.m. 4 p.m. We are closed Saturday, Sunday, and all Federal holidays. If you are unable to travel to Kansas City, you may hire a local researcher.
National Archives at Kansas City 400 W. Pershing Rd. Kansas City, MO 64108
In addition to making copies using our self-service photocopier, researchers are also permitted to make digital images of the records using their personal cameras and scanning equipment following NARA guidelines.
Court records created in the nineteenth and early twentieth centuries are often trifolded. Occasionally we may need to perform preservation work on documents before they are available for research. As a result, there may be delays in accessing records, as they are prepared for safe handling.
Factors That Can Affect How Much Your Il Bankruptcy Costs
How much does it cost to file bankruptcy in Illinois? It depends. No one can accurately quote an exact total cost of your Illinois bankruptcy because so many variables can change the costs. However, if you have an understanding of those variables, you can start to get an idea of how much you might end up paying for bankruptcy.
Read Also: How To File Bankruptcy With No Money
How To Get Copies Of My Bankruptcy Paperwork
After you file bankruptcy and after you receive discharge, you may need copies of your paperwork. Lenders, such as mortgage companies, want to review your bankruptcy petition, schedules, and related documents before they issue you new credit. You may also need copies of your discharge to show creditors who want proof of your filing.
There are various pieces of paperwork that you will want to hold on to. The first is your Petition and Schedules. These are the documents that list your personal information, creditors, property, and income. Usually you get copies from your attorney after you sign them. Your attorney might also send them to you electronically once your case is filed.
The second document you will receive comes after your case is filed with the Bankruptcy Court. This document is called the Notice of Commencement or Notice of Bankruptcy Case. This form is completed by the court and sent electronically and by mail to all parties involved, even your creditors. This form has information about your meeting of creditors date and provides some basic information about your case. You should get a copy of this in the mail. Your attorney might send you one as well.
The third document you will receive in your case comes at the very end. The Order of Discharge is a Court decree stating you don’t have to pay back the debts it specifies. Just like the notice of Bankruptcy, the court sends this one by mail. Your attorney may also provide a copy when received.
How To Find The Date A Bankruptcy Was Discharged
Finding your bankruptcy discharge order is the simplest way to find the date your bankruptcy was discharged. When a person files for bankruptcy, they eventually receive a bankruptcy discharge that signifies the end of the process and releases the debtor from personal liability for their debts. All debts involved in the bankruptcy case are no longer legally enforceable. The discharge is a permanent order prohibiting any creditors listed in your bankruptcy petition from making any contact with you or taking any action to collect the discharged debts.
If you plan on applying for credit after completing bankruptcy, new lenders may require you to provide proof that your discharge has taken place. If you are uncertain of the date of your bankruptcy discharge, there are a few different ways to find it.
Also Check: What Debts Can Be Discharged In Bankruptcy
I Am Being Harassed By Debt Collectors In Regards To Creditors I Put On My Bankruptcy How Can I Stop This
You should send a copy of your schedules and your discharge to all the creditors who are still contacting you. It is advised you do the following:File a complaint with the Federal Trade Commission. There is a website with easy instructions on how to do this. It is against the law to pursue a debt that was placed on your bankruptcy and was discharged. For further information http://www.consumer.ftc.gov/articles/0149-debt-collection
Where Can I Get A Copy Of My Bankruptcy Discharge Papers
Once your bankruptcy concludes, you will receive what is known as a bankruptcy discharge which states that your case is now closed and all debts included are no longer enforceable. Creditors listed in the petition can no longer contact you about your debt or file any legal proceedings against you. It is important to keep this document as you may need to present it should you apply for a loan in the future. However, if you have misplaced your discharge documents, you can still obtain a copy if you need it for any reason.
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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