Bankruptcy Court Records
When someone wants to file bankruptcy, they must do so with the federal courts. This means that bankruptcy is not a state matter to handle. Each of the 94 federal districts has a bankruptcy court which exclusively handles these types of cases. Bankruptcy is normally utilized in cases where someone cannot pay their creditors, giving them a fresh start. This type of bankruptcy may be either Chapter 7 or Chapter 13. Businesses may also file Chapter 11 bankruptcy to reorganize and liquidate while still having the option to remain in operation.
Why Do You Want Bankruptcy Records?
There may be many reasons you want to access bankruptcy records. If you are considering partnering with or buying a business, you’ll want to know whether it has filed Chapter 11 in the past. If you are about to marry someone or need to conduct a financial background on someone for employment or credit purposes, bankruptcy court records are the most ideal way to discover a person’s past.
Information in BK Records
When you find bankruptcy records, they will list the individual or business’s information, the type of bankruptcy filed, debts included in the bankruptcy, and the discharge date or expected discharge date. The type of debts discharged will vary between Chapter 7 and 13 bankruptcies.
A Chapter 13 case will allow a broader set of debts to be discharged. Upon finishing a court-approved payment plan, the included debts are discharged. Sometimes, a “hardship discharge” may be granted in special cases where the debtor is unable to complete the payment plan due to circumstances which are uncontrollable.
Chapter 7 cases may be objected to by the creditors involved, and may be due to the debtor’s failure to complete a required financial management course, destructing records or concealing property. If it is found in the future that the discharge was obtained fraudulently in any way, it may be revoked.
All of these details in a bankruptcy case are included in the records held with the corresponding bankruptcy court.
Where to Find Bankruptcy Records
If you are searching for bankruptcy records in your district, you may choose to visit the corresponding court in person. In the Court Clerk’s office, you’ll find either a computer database or index that will list bankruptcy cases by date and party name. Once you locate the appropriate file number, you may look this up and copy actual documents from the case.
You may also choose to utilize the public service called PACER, or Public Access to Court Electronic Records. Files are nearly instantaneously posted on this site for registered users to view from appellate, district and bankruptcy courts. Opinions, judgments and other information are available for a typical rate of $0.08 per page.
Of course, free services such as public search engines will also provide at least general information about an individual and past cases. If you enter a person’s name into the search engine, this may be enough to inform you as to whether they have been party to a bankruptcy case in the past. This will give you enough information to validate paying for records or spending the time and energy to visit the local bankruptcy court to obtain the records.
State-Specific Bankruptcy Court Records:
California Bankruptcy Court Records
Florida Bankruptcy Court Records
New York Bankruptcy Court Records
Ohio Bankruptcy Court Records
|