Email this page to a friend:: About Bankruptcy Records
Bankruptcy Resources: Introduction
In this article we’ll provide you with the some important bankruptcy resources. Some of the most common questions I get from clients are about who will find out about the bankruptcy. Is it a public proceeding? Bankruptcy filings are a matter of public record. This means, that if people want to find out if you filed a bankruptcy, they can.
Bankruptcy Resources: Publication
However, there is no publication requirement for bankruptcies. Newspapers do not automatically publish the names of people who file bankruptcies. However, some newspapers do still publish the names of bankruptcy filers. This is an editorial decision on the part of the newspaper editors, so the only way to find out whether your name will be published in a newspaper is to take a look at your local newspaper and see if you can find the information about others who filed. Most people don’t comb the newspapers to look for this information. Should you file for bankruptcy, there are numerous bankruptcy resources at your disposal. You need to avail yourself of these bankruptcy resources as you consider filing.
Bankruptcy Resources: Notification
Who is automatically notified of your bankruptcy? Notice of your bankruptcy is automatically provided to all of the creditors listed in your schedules, the trustee assigned to your case, the IRS, the filer, and your attorney. Also, in some Chapter 13 cases, the trustee will request that you institute a wage order to pay your Chapter 13 plan payments. In those cases, your employer will receive notice of the bankruptcy filing. If there is a legitimate reason for not wanting your employer to discover the bankruptcy filing, the trustee may be willing to make other arrangements.
Bankruptcy Resources: PACER
Bankruptcy resources and records are made available to the public through an online system called PACER, which stands for Public Access to Court Electronic Records. The information available on PACER is public record, and may be reproduced without permission. The following bankruptcy resources available on PACER for bankruptcy cases includes:
- A listing of all parties and participants including judges, attorneys and trustees. Among the better bankruptcy resources.
- A compilation of case related information such as cause of action (in this case, bankruptcy)
- A chronology of dates of case events entered in the case record
- A claims registry (all of the claims filed by creditors in the bankruptcy case)
- A listing of new cases each day in the bankruptcy courts
- Case status. Among the better bankruptcy resources.
- Copies of some of the documents filed in the case, including the petition, schedules, and any motions, orders, objections, etc.
The PACER system protects certain types of personally identifiable information, such as Social Security Numbers, names of minor children, financial account numbers, and dates of birth. On bankruptcy court documents which require Social Security Numbers, they are redacted (blacked out), except for the last four digits.
In order to obtain the information available on PACER, all you have to do is register. Registration is free, although there is an $.08 per page charge for downloading documents. In order to find a specific case, you can search by case number, party name, Social Security Number, or tax identification number.
Bankruptcy Resources: Records
The bankruptcy records you provide to your attorneys, however, are not public unless they have become part of the case filing. We take great care to keep all of our clients’ records in strictest confidence and we provide you with the most up to date bankruptcy resources available. We keep client files for five years after the case is complete and our bankruptcy resources are being constantly updated. You are entitled to a full copy of the entire record we have in your case, though there may be a small processing fee for copies of records.
