Wednesday, April 17, 2024
HomeMust ReadHow To Obtain Copies Of Bankruptcy Papers

How To Obtain Copies Of Bankruptcy Papers

Obtain Bankruptcy Discharge Papers Online

Bankruptcy Discharge Papers-Obtain Copies for $5

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

Get Your Bankruptcy Papers Yourself

Heres what the bankruptcy court where I practice in Northern California says about how to get copies:

First, if you dont need certified copies, the easiest way is through the internet at PACER, an online service that lets you access, , and print copies of case and docket information from all federal courts.

You have to first register for a PACER account free of charge at www.pacer.gov. PACER then charges ten cents per page for copies, the same that the court charges but without the trip to the courthouse or parking costs. For larger documents, the maximum charge per document is capped at $3.00 .

PACER also charges for name searches, reports, such as lists of cases, and transcripts of court proceedings .

If your charges do not exceed $15 in a quarter, your fees are completely waived, so copies printed that quarter are free.

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.

Recommended Reading: Can A Probate Estate File Bankruptcy

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.

What Bankruptcy Papers Prove

How do i get copies of my bankruptcy papers ...

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.

Read Also: What Happens When You File For Bankruptcy

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.

Kevin Ahrenholz is an Iowa bankruptcy lawyer and Iowa bankruptcy attorney. To contact him, visit https://www.iowachapter7.com or call 1.877.888.1766.

Posted on Wednesday, July 18th, 2012 and filed under News and Press.

Attend Your 341 Meeting

Your 341 meeting, or meeting of creditors, will take place about a month after your bankruptcy case is filed. Youâll find the date, time, and location of your 341 meeting on the notice youâll get from the court a few days after filing bankruptcy. Due to the COVID-19 pandemic, all 341 meetings are held either by video conference or via telephone until at least October.

The main purpose of the 341 meeting is for the case trustee to verify your identity and ask you certain standard questions and most last only about 5 minutes. Your creditors are allowed to attend and ask you questions about your financial situation, but they almost never do.

ââ You must bring your government-issued ID and social security card to the meeting. If you donât bring an approved form of both, the trustee canât verify your identity and the meeting cannot go forward. You should also bring a copy of your bankruptcy forms to the meeting, along with your last 60 days of pay stubs, your recent bank statements, and any other documents that your trustee has asked for. ââ

Don’t Miss: How Many Times Can You File Bankruptcy In Ga

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.

Commonly Asked Questions About Bankruptcy Records Online

HOW TO GET COPY OF BANKRUPTCY PAPERS $5.00

Where Does Bankruptcy Records Data Come From?

Data from Bankruptcy Records come from government data that regular search engines cannot access. Throughout a person’s live, government agencies at the county, state, and federal level collect information about people. For example, a county clerk might have information about a persons birth certificate and a courthouse might contain criminal records. Much of this data is available to the public. Online Bankruptcy Records websites collect this data into easy-to-read reports. Many public record sites will also scour various social media to give you a more complete picture of the person you’re trying to look up.

What Kind Of Data Is In Public Records?

Different Public Records services offer different kinds of data. However, they commonly offer data such as:

  • Legal Name
  • Vacation Buddies
  • Celebrities

The Bankruptcy Records services we review are NOT credit reporting agencies. That means it is prohibited to to use these sites for any purpose governed by the Fair Credit Reporting Act . So you can not use them for things like employment screening, tenant screening, or making decisions about credit or insurance eligibility.

How Accurate Is Data In Online Bankruptcy Records?

Are Online Bankruptcy Records Free?

No. It costs money to source data and organize it into reports. No legitimate, reputable Bankruptcy Records website is free. This is one of those industries where you get what you pay for.

How Much Do Online Bankruptcy Records Cost?

Also Check: How Does A Bankruptcy Affect Credit Score

The Unlisted Debt Collector

Often questions come up about whether a debt, now held by a debt collector or debt buyer, was discharged.

Three legal principles support the conclusion that the person now holding the claim is out of luck.

  • Debt collectors are generally agents of the original creditor. So, if you gave notice to Big Bank Credit Card Company of your bankruptcy, that knowledge of your case is imputed to the agent. Result, debt listed and discharged, absent a successful challenge to dischargeability.
  • A debt buyer who buys a claim that is unenforceable because of a bankruptcy discharge gets no more rights than the seller of the claim had. Again, debt discharged because original creditor got notice.
  • Bankruptcy case law in most judicial circuits hold that a creditor who didnt get notice of the bankruptcy case is discharged anyway if there was no payment to creditors in the case and the creditor had no claim that the debt was nondischargeable.
  • So, if a debt collector attempts collection after bankruptcy, look for the name of the original creditor on the notice. Thats the proof that the listing of the original creditor on the creditor matrix makes the debt in the hands of the collector unenforceable.

    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.

    You May Like: Do You Lose Your House If You File Bankruptcy

    Copies Of Bankruptcy Documents

    Copies of bankruptcy documents can be obtained in a variety of ways depending on when the case was filed and/or closed.

    Beginning with 1998 cases and forward, copies of bankruptcy and adversary case documents are available through our electronic case filing system . Case documents can be viewed and printed from your computer. To access the information, you must have a PACER account. If you do not have a PACER account/password you can register for one on-line by clicking here No fee is owed until you accrue more than $30 of PACER usage in a quarterly billing cycle.

    Once you have established an account and have your password you can access your case information in CM/ECF.

    For copies of documents in older bankruptcy records for which there is no electronic record, only paper, you may obtain copies by contacting the Federal Records Center . You can either go to FRC, or you can request copies by mail.Please click on the link below for more information.

    How To Get Copies Of My Bankruptcy Paperwork

    COPY OF BANKRUPTCY DISCHARGE PAPERS AND DOCUMENTS

    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.

    Tags:

    Read Also: Can You Put Tax Debt On Bankruptcy

    Check To See If Your Court Records Are Available Online

    Check to see if your court records are available online before submitting a Court Records Request.Only viewable electronic court documents may be purchased online.

    If you are unable to locate or view copies of court documents online, submit a Court Records Request.

    Processing Time: Can take up to 2 weeks once the request is received.

    To avoid delays, fax or email the completed form only once.

    Obtain Copies Of Documents

    Ways to Obtain a Copy:

    1. Visit the Clerks office – Documents can be printed from the courts Case Management/Electronic Case Filing system from one of several public computers in the clerks office lobby.

    2. Online Register for a PACER account

    Costs for Copies:

    1. The fee for copies of documents printed from one of the courts public computers is $0.10 per page.

    2. The fee for copies made by court staff is $0.50 per page.

    3. The fee for copies made using your PACER account is $0.10 per page with a maximum of $2.40

    Payment Options:

    a. Money Order or Cashiers Check

    i. Please make checks and money orders payable to the Clerk, U.S. Bankruptcy Court

    b. Cash cash can only be accepted when visiting the Clerks office. Please do not mail cash to the court.

    2. For Non-Debtors:

    c. Options for Debtors

    Certified Copies:

    1. Any document that needs certification will incur a charge of $11.00 plus a $0.10 fee to print off the document. Any exemplified copy will have an additional charge of $21.00.

    2. If requesting a certified copy through the US Mail the cost to certify is $11.00. Additional costs of $30.00 to conduct a case search and a $0.50 per page will be added for each case. To receive an exemplified copy an additional $21.00 will be added.

    Archived Documents

    Documents from cases filed before 2004 have been stored with the Federal Records Center . There are two ways to request copies of documents from archived files:

    Recommended Reading: How Does Bankruptcy Affect Car Insurance

    How Do I Get A Copy Of My Discharge Papers

    You have several options:

    • You can request a copy at .
    • If discharge is not available at the Court, speak with staff for additional options.
    • You can sign up for electronic access to case information. You can subscribe to PACER Service which will allow you access to all Bankruptcy case records and you will be able to print case documents yourself. To receive more information about PACER Service you can visit the website: or telephone the PACER Service Center at 676-6856 between the hours of 8:00am to 6:00pm Monday – Friday CST.

    RELATED ARTICLES

    Popular Articles