How Chapter 7 Works
A chapter 7 case begins with the debtor filing a petition with the bankruptcy court serving the area where the individual lives or where the business debtor is organized or has its principal place of business or principal assets. In addition to the petition, the debtor must also file with the court: schedules of assets and liabilities; a schedule of current income and expenditures; a statement of financial affairs; and a schedule of executory contracts and unexpired leases. Fed. R. Bankr. P. 1007. Debtors must also provide the assigned case trustee with a copy of the tax return or transcripts for the most recent tax year as well as tax returns filed during the case . 11 U.S.C. §;521. Individual debtors with primarily consumer debts have additional document filing requirements. They must file: a certificate of credit counseling and a copy of any debt repayment plan developed through credit counseling; evidence of payment from employers, if any, received 60 days before filing; a statement of monthly net income and any anticipated increase in income or expenses after filing; and a record of any interest the debtor has in federal or state qualified education or tuition accounts. Id. A husband and wife may file a joint petition or individual petitions. 11 U.S.C. §;302. Even if filing jointly, a husband and wife are subject to all the document filing requirements of individual debtors.
Which One Should I Choose
Chapter 7 is, by far, the more popular form because its cheaper, quicker and effective at relieving responsibility for debt if you qualify! And thats a big if. You must pass a means test, meaning your disposable income is under the median income in your state. If you dont qualify for Chapter 7, you can always fall back on Chapter 13.
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Bankruptcy Court District Website
Alabama
- Middle District of Alabama: Includes local rules, filing requirements, fees and schedules, dockets, calendar, and more.
- Northern District of Alabama: Includes forms, clerk’s manual, tentative rulings, case filing statistics, and calendars.
- Southern District of Alabama: Includes local rules, fees, calendar, notices, opinions, and more.
Alaska
- District of Alaska: Includes court calendar, decisions, local rules, general orders, reference manual, national forms, and more.
Arizona
- District of Arizona: Includes local rules, electronic filing information, and other court information.
Arkansas
- Eastern and Western Districts of Arkansas: Includes court directory, forms, and local rules.
California
- Central District of California: Includes local rules, forms, opinions, bankruptcy data, and a reference manual.
- Eastern District of California: Includes forms, clerk’s manual, tentative rulings, case filing statistics, and calendars.
- Northern District of California: Includes recent opinions, local rules, judge procedures, forms, and court calendar.
- Southern District of California: Includes local rules, opinions, fee schedule, phone list, forms, filings and pleadings, code of conduct, and more.
Colorado
- District of Colorado: Includes rules, procedures, calendar, forms, fees, opinions, and more.
Connecticut
- District of Connecticut: Features court locations, phone directory, local rules, and access to public information through PACER for a fee.
Puerto Rico
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What Information About The Debtor Would Be Helpful In The Search
When using an online bankruptcy name search, you can begin the process with nothing more than the name and state of the person you are searching for. But to simplify the process of confirming you have found the right person, you may benefit from having some or all of the following information on hand.
* County of residence
Chapter 7 Looming Over You Get Professional Legal Help Today
You dont need to face creditors all by yourself. Filing for bankruptcy may be one of the most significant financial decisions youll ever make.
An attorney can answer your questions about Chapter 7 and help you make more informed decisions, saving you time and money in the process. Find a local bankruptcy attorney today.
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Search For People With Bankruptcy Or Debt Relief Restrictions
Search the list of people with additional insolvency restrictions for the last 3 months.
The list contains details of people who have broken the terms of their bankruptcy or Debt Relief Order. They will have been given a penalty, called a Bankruptcy Restrictions Order or Undertaking or a Debt Relief Restrictions Order or Undertaking .
You may still be able to find information on the Individual Insolvency Register after 3 months but doesnt include any penalties.
You can ask for information about the unfit conduct of an individual by contacting the official receiver dealing with the case.
Office Of The Superintendent Of Bankruptcy
The OSB is part of Innovation, Science and Economic Development Canada. We carry out our regulatory, administrative, and supervisory duties at arm’s length from the Government of Canada.
The OSB is responsible for administration of the Bankruptcy and Insolvency Act;, as well as certain duties under the Companies’ Creditors Arrangement Act;. We license and regulate the insolvency profession, ensure an efficient and effective regulatory framework, supervise stakeholder compliance with the insolvency process, and maintain public records and statistics.
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In Search Of Bankruptcy Records
Bankruptcy is a major disruption in anybodys life. While you probably know somebody who has gone through bankruptcy before, youve likely never imagined that it would happen to you. The fact is that bankruptcy can become a very real option for many people due to a variety of factors including health issues, small business problems or other economic factors. When this happens its important to maintain your bankruptcy records for future reference.
Bankruptcy can take a toll on your life and impact your credit, but most people are able to rebuild again within a few years. However, as you begin to put your bankruptcy behind you, you may find that keeping track of those old records is difficult. You may need them for tax purposes, legal cases with your business and for any number of reasons though.
If youre looking for bankruptcy records for yourself, a family member or even a potential employee, there are ways to find them. Use this guide to learn more about finding bankruptcy records as quickly as possible. Another great resource is to the bankruptcy basics offered by the US Courts, they offer resources about the bankruptcy process, laws and how to file for bankruptcy.
Are you searching for past bankruptcy records? Knowing where to start can be very tricky for a lot of people. Below are are some of the ways you can begin to look for bankruptcy records.
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.
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Chapter 7 Means Test 101
The means test prevents filers with the ability to repay creditors from discharging their debt. The means test assesses the filers debt and income from the preceding six months.
If you have a certain amount of income left over every month after paying creditors, you will fail the means test.
Although you can be ineligible for Chapter 7 bankruptcy, Chapter 13 is an option. A Chapter 13 bankruptcy allows the debtor to repay creditors in a five-year repayment plan.
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How Long Do Bankruptcies Stay On Your Record
Bankruptcy can put a wrench in your financial life, but it doesnt have to ruin your future forever. Thats because a bankruptcy can stay on your for 10 years. Thats why bankruptcy should always be considered seriously before filing.
Finding bankruptcy records isnt difficult, and with this guide, you should be able to find anything you need. That way you can prepare for a court case, hire the right employee or simply keep track of your past financial information for tax purposes.
File those papers safely once you find your bankruptcy records and you can go back to them whenever you need.
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How Does Bankruptcy Work
Bankruptcy is a method to eliminate or at least reduce your debt when bills pile up beyond your ability to repay them. It should be viewed as a last resort to be considered only when all other potential courses of action to get back on track have been exhausted.
Individuals filing for bankruptcy mostly use either Chapter 7 or Chapter 13. The biggest difference between the two is what happens to your property:
- Chapter 7, which is known as liquidation bankruptcy, involves selling some or all of your property to pay off your debts. This is often the choice if you dont own a home and have a limited income.
- Chapter 13, also known as a reorganization bankruptcy, gives you the chance to keep your property if you successfully complete a court-mandated repayment plan that lasts between three and five years.
Depending on where you live and your marital status, some of your property may be exempt from being sold when you file Chapter 7 because of state-specific and federal exemptions. With exemptions, whether they be your home equity, retirement accounts or even personal possessions such as jewelry, you receive the allowed exemption amounts, and the rest of the proceeds will be used to pay off debts. You can read more about potential exemptions, and check out this chart for a quick rundown on the two types:
| Chapter 7 |
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Researching Filings In Person
Each state has one or more federal districts, each with its own bankruptcy court. You can search the bankruptcy records in person at the relevant bankruptcy court clerk’s office. You can locate the court you need on the United States Courts website. Each bankruptcy court has a clerk’s office, which provides the administrative support for that court. You can review and research bankruptcy filings by visiting the court clerk’s office and requesting to view all the files for a particular bankruptcy case. To do this, you will either need to know the case number of the proceeding or the name of the person or business that filed the bankruptcy petition.
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What Is The Npii
The National Personal Insolvency Index is a publicly available and permanent electronic record of all personal insolvency proceedings in Australia.
See National Personal Insolvency Index ;for more information.;
Note: The NPII does not include any information on sole trader, company liquidations or administrations.;If you need this information, please speak to the Australian Securities & Investments Commission .
How To File Chapter 7 Bankruptcy
The most important factor in filing Chapter 7 bankruptcy is;finding an experienced bankruptcy attorney. Once you decide on an attorney, you can refer creditors to your lawyers office. Filing the petition will trigger an automatic stay, which means creditors cant pursue lawsuits, garnish your wages or contact you about your debts. Heres a potential timetable:
If youre qualified, it will take 4-6 months to complete the bankruptcy process.
Here are the steps you must take when filing for bankruptcy:
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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.;
Court Dockets And Filings
- PACERDockets and filings for U.S. Federal Courts. Access to court documents costs $0.10 per page. The cost to access a single document is capped at $3.00, the equivalent of 30 pages. The cap does not apply to name searches, reports that are not case-specific and transcripts of federal court proceedings. By Judicial Conference policy, if your usage does not exceed $15 in a quarter, fees for that quarter are waived, effectively making the service free for most users.
- URL:https://libguides.law.gsu.edu/bankruptcy
Disclaimer:
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New York Chapter 7 Bankruptcy Information
In a Chapter 7 bankruptcy you wipe out your debts and get a Fresh Start. Chapter 7 bankruptcy is a liquidation where the trustee collects all of your assets and sells any assets which are not exempt. The trustee sells the assets and pays you, the debtor, any amount exempted. The net proceeds of the liquidation are then distributed to your creditors with a commission taken by the trustee overseeing the distribution.
Certain debts cannot be discharged in a Chapter 7 bankruptcy, such as alimony, child support, fraudulent debts, certain taxes, student loans, and certain items charged. In most Chapter 7 cases, the debtor has large credit card debt and other unsecured bills and very few assets. In the vast majority of cases a Chapter 7 ;bankruptcy is able to completely eliminate all of these debts.
Reaffirmation agreements can be set aside during the earlier of 60 days after the agreement is filed with the Court, or upon the Courts issuance of an Order of Discharge.
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Bankruptcy And Insolvency Records Search
- basic debtor information of all bankruptcies and proposals registered in Canada since 1978
- all receiverships registered with our office since January 1993
- all petitions recorded at our office; and
- all companies that have been granted protection under the Companies´ Creditors Arrangement Act since September 18, 2009.
- Date modified:;
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How Does Bankruptcy Affect Me Financially
A bankruptcy can be confusing, but in all cases, it means that youre claiming that you cant repay your debts. When declaring bankruptcy, you may need to give up some of your more valuable assets to the court as a form of repayment. Getting credit will also be very difficult after filing bankruptcy for a few years.
However, depending on the type of bankruptcy you file, you may be able to keep belongings like your home and car. Youll likely also be able to keep some basics like home furnishings.
Research At The Courthouse
If you are not tech-savvy or simply do not feel like researching bankruptcy online, you can search for bankruptcy filing records at the relevant federal courthouse. There are some obvious problems with this method; the first being that each courthouse may only have the records for the district it sits in. Your research may not pick up a filing in another district or state. And like with PACER, you may be on the hook for a per-page fee if you want to print any records.
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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.
