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.
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.
Local Forms And Requirements
In addition to the official forms that every bankruptcy court uses, your local bankruptcy court might require you to file additional forms that it has developed. Your local bankruptcy court might also have special requirements or rules for filing your petition.
You can also get these forms and requirements from the bankruptcy court clerk or a local bankruptcy attorney.
You might also find local forms and requirements on the particular bankruptcy court’s website. Many courts provide guidelines on the navbar under “Forms” or “Filing Without an Attorney.” To find your local bankruptcy court’s website or location, go to www.uscourts.gov/federal-court-finder/search.
How Does The Debtor Get A Discharge
Unless there is litigation involving objections to the discharge, the debtor will usually automatically receive a discharge. The Federal Rules of Bankruptcy Procedure provide for the clerk of the bankruptcy court to mail a copy of the order of discharge to all creditors, the U.S. trustee, the trustee in the case, and the trustee’s attorney, if any. The debtor and the debtor’s attorney also receive copies of the discharge order. The notice, which is simply a copy of the final order of discharge, is not specific as to those debts determined by the court to be non-dischargeable, i.e., not covered by the discharge. The notice informs creditors generally that the debts owed to them have been discharged and that they should not attempt any further collection. They are cautioned in the notice that continuing collection efforts could subject them to punishment for contempt. Any inadvertent failure on the part of the clerk to send the debtor or any creditor a copy of the discharge order promptly within the time required by the rules does not affect the validity of the order granting the discharge.
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Official Bankruptcy Court Records Online
We are a bankruptcy court records retrieval service. After you place your order, we will obtain your official records and send them to you by email. If your records are unavailable for any reason, we provide a full refund. The records you receive are an official copy of your bankruptcy records that are lender compliant. We provide this service for all 50 states.
What Bankruptcy Papers Prove
One of the ironies of the demand that you prove a debt was discharged by providing your bankruptcy papers is that the documents requested dont prove a lot.
The bankruptcy petition proves that you filed a case, but not what the case involved, or even that it progressed to a conclusion.
The or master address list, proves who got notice of a bankruptcy case. Generally, only creditors with notice of the case have their claims discharged.
The discharge order shows that a discharge was entered, but not, frustratingly, what was discharged in the case. Some debts simply arent dischargeable. Some survive if the creditor challenges the discharge. But the discharge order doesnt include that detail.
If you need an overview of what else happened in a bankruptcy case, the courts docket is also available online. It shows every document filed in the case. It provides clues as to challenges to or limitations on the discharge.
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How To Obtain Bankruptcy Discharge Papers
Once your bankruptcy case is finalized, you receive discharge papers that prove you no longer owe those included debts, according to the book How to File for Chapter 7 Bankruptcy. Keeping these papers is important as future lenders and employers might want to see this legal evidence. However, if you cant find your bankruptcy discharge papers you can usually obtain new copies by using one of several available methods bankruptcy case papers are public information under federal laws so it shouldnt take too long to get new copies.
Visit your closest branch of the United States Bankruptcy Court, even if you didnt file your case in that jurisdiction. You can find the appropriate location by visiting the U.S. Courts website
Ask the court clerk if she can copy your bankruptcy discharge papers or point you to a self-service kiosk. Whether you use the clerks services or a courthouse kiosk, you must provide basic information such as your full name. The more you know about where and when you filed bankruptcy, the quicker you can get the discharge papers.
Pay any required copying fees remember that bankruptcy courts do not accept credit card payments or personal checks from private citizens. As of 2010, you could expect to pay $.10 to $.50 per photocopy.
You can also acquire copies of other people’s bankruptcy discharge papers by visiting the courthouse or using PACER as outlined in the steps above.
How To Obtain Case Information
Case Information by PhoneCase information is available toll free through the court’s automated Voice Case Information System at 222-8029. This system is available 24 hours a day, 7 days a week. A case number, complete name, or a social security number/ITIN is required to obtain case information. The information available from the automated system is:
- Case number
- Name of debtor, or principal party
- Date the case was filed, whether a voluntary or involuntary petition was filed, and the chapter under which the petition was filed
- Name and phone number of the debtors attorney
- Trustee’s name
- Name of the assigned Judge
- Discharge and closing dates
- Whether there are assets in the case
- Case status and
- Case disposition.
Case Information OnlinePublic Access to Court Electronic Records is a web-based system that allows users with an internet connection and a PACER account to view or print case documents online. A fee is charged for each page viewed. To sign up for a PACER account, register at . Case Information in PersonMost bankruptcy records can be viewed at no charge using the public access terminals in each Bankruptcy Court divisional office. For cases closed in the Los Angeles Division prior to February 1, 2001, please call the Courts Call Center at 460-9641 for assistance.
All requests for certified bankruptcy documents sent by mail must include:
Requesting parties will be contacted by phone once the Bankruptcy Court determines the total fees due.
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Order Official Copies Of Us Bankruptcy Records
Any bankruptcy case filed in the United States can be ordered. Orders are typically emailed within 10 minutes but always within an hour. Copies are compliant with all lender, creditor and credit reporting agency requirements and are issued directly by the Federal Bankruptcy Court system. Orders can be placed online or by calling a clerk at 866-780-5901.
OFFICIAL Copy Of Discharge or Dismissal OFFICIAL Copy Of Voluntary Petition OFFICIAL Copy Of Schedules A-J OFFICIAL Copy Of Amendments OFFICIAL Copy Of Reaffirmation Agreement OFFICIAL Copy Of Final Decree GUARANTEED Lender Compliant
NEEDED FOR: Mortgage Approval, Refinance Approval, FHA. VA and SBA Loans
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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Documents Filed On And After 11/7/03
Documents filed on and after 11/7/03 are stored electronically on the court’s computer system . To obtain copies of these documents, you have the following options:
1. Make an email request
Use the contact form on the court’s website to request a discharge order, petition and schedules, or order of dismissal. The clerk’s office will reply to the email and attach the requested documents in PDF format. Each request must contain the debtor’s name and case number, and specify the documents being requested. There is no charge for this service. Requests are ordinarily completed within two business days.
If you do not know the case number or your request is urgent, please call the clerk’s office at 326-1500 or 431-4000.If you do not know the case number, be prepared to state the debtor’s full name and social security number. Do not send a social security number in an email request.
The court cannot provide certified copies or the complete case file via email.
3. Visit the Clerks office
If you come to the Bankruptcy Court in person for your copies, the copy fee is $0.10 per page when using the computer in the courts lobby. Other fees may apply, such as a $32.00 search fee if a clerk has to spend substantial time locating the document. A copy fee of $0.50 per page applies if a clerk makes the copies. An $11.00 certification fee applies for each document that needs a certification.
4. Mail a request to the Clerks office
Each written request should:
You Need Copy Of Complete File Creditor Schedules And Order
Most often needed when trying to get a mortgage, conducting credit repair, and stopping harassing phone calls from debt collectors.
Includes Federal bankruptcy schedules D,E, & F , your discharge papers, and the voluntary petition.
The complete bankruptcy file includes includes the Voluntary Petition, all Schedules, Reaffirmation Agreements, the Discharge, and any other documents available on record. Often necessary when trying to get VA, FHA, or SBA loans.
Home of Texas bankruptcy records, discharge records, order and receive copy of bankruptcy papers by email within 1 hour LOWEST COST same day 24/7.
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Research And Reproduction Fees
Note: The National Archives at Kansas City accepts credit cards, checks, or money order as payment for services rendered.
|Minimum mail order||$20.00|
|Individual pages – digital or paper||$0.80 per copy|
Bankruptcy case files that exceed 400 pages will not be reproduced in full for researchers. National Archives staff can assist researchers with refining their search. You may also decide to hire an on-site researcher on your behalf.
|Self-service paper to paper copy||$0.25 per copy|
|Self-service paper to digital copy||$0.25 per copy|
*These are copies made using the copy machine provided in the research room
Patrons are invited to bring their own digital camera or flatbed scanner to make digital reproductions of archival materials. Please contact us prior to arrival to ensure that your equipment is approved. Wand scanners and form feed scanners are not permitted.
What time periods are covered by these records?
Bankruptcy case files were created by the Federal court to contain the records of bankruptcy case proceedings. The content varies depending on the type of bankruptcy and the time period in which the case was filed. There have been five major Bankruptcy Acts by the Federal government: 1800, 1841, 1867, 1898, and 1978.
*Some courts initiated earlier sampling projects with earlier acts. Questions about sampling should be directed to the National Archives at Kansas City.
What is the research value of Bankruptcy Case Files?
What information is found in bankruptcy case files?
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First, you need to determine whether filing bankruptcy will help you. Bankruptcy is a powerful debt relief tool, but only if it makes sense for your financial situation. Filing any type of bankruptcy provides immediate debt relief through the automatic stay. Thatâs the law that prohibits creditors from contacting you as soon as your bankruptcy case has been filed. It also stops a wage garnishment right away.
Chapter 7 bankruptcy is a very effective tool for erasing credit card debt, medical debts, and most other unsecured debt. Although Chapter 7 is a liquidation bankruptcy, filers are able to keep all their property in more than 90% of all consumer bankruptcy cases in the United States. You can file bankruptcy under Chapter 7 once every 8 years.
The name of your bankruptcy trustee
The date, time, and location of your meeting with your trustee
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Which Bankruptcy Documents Should You Keep
The short answer? Everything you have. Getting copies of your bankruptcy documents from your lawyer is often a time consuming process, especially if your case was discharged more than 7 years ago or the copies have been moved to off site archives. Obtaining your bankruptcy documents from federal court officials can be costly and even more time consuming than getting them from your lawyer.
As with all important documents, it is best to have your own archive readily accessible. That way you dont have to scramble to get copies if something crops up that requires these papers. These are the documents you need to keep ideally:
- Bankruptcy petition, supporting schedules, and exhibits
- Statements, disclosures, and declarations
How Can The Debtor Obtain Another Copy Of The Discharge Order
If the debtor loses or misplaces the discharge order, another copy can be obtained by contacting the clerk of the bankruptcy court that entered the order. The clerk will charge a fee for searching the court records and there will be additional fees for making and certifying copies. If the case has been closed and archived there will also be a retrieval fee, and obtaining the copy will take longer.
The discharge order may be available electronically. The PACER system provides the public with electronic access to selected case information through a personal computer located in many clerk’s offices. The debtor can also access PACER. Users must set up an account to acquire access to PACER, and must pay a per-page fee to download and copy documents filed electronically.
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