15 Tips: Are Bankruptcy Filings Public
15 Tips: Are Bankruptcy Filings Public
If you are struggling to repay your outstanding financial obligations, the gurus over at runrex.com point out that you should consider bankruptcy as a debt solution. However, many people worry that other people will find out that they have filed for bankruptcy, with many wondering if bankruptcy filings and public. This article, through the following 15 tips will look to address this issue.
- What is the public record?
Before we proceed with this discussion, it is important to establish what is meant by the phrase “public record”. As outlined over at guttulus.com, anything that you and I can access either through a court or another government entity without first getting authorization to do so is considered “public record”. For example, if you own a home, that information is part of the public record in your home state.
- Are Bankruptcy filings public records?
Yes. Public records, as is explained over at runrex.com, are part of the public record. However, this doesn’t mean that people are guaranteed to find out about your bankruptcy proceedings. Also, just because bankruptcy filings are public should never stop you from filing for bankruptcy and getting debt relief.
- Why are bankruptcy filings part of the public record?
If you are wondering why bankruptcy filings are part of the public record, it is important to note that bankruptcy cases are court proceedings, and court proceedings are always matters of public record unless a judge orders the sealing of the records as explained over at guttulus.com.
- Could your bankruptcy filing records be sealed?
In most cases, it is unlikely that a bankruptcy judge will order your records to be sealed. However, as is revealed in discussions on the same over at runrex.com, a bankruptcy may opt to seal your records if it is revealed that access to these records could present a threat to your safety. You will have to, however, prove this to the court satisfactorily.
- Parts of your bankruptcy that are not part of the public record
It is also important to point out that not all parts of your bankruptcy will be public as certain parts are not part of the public record. These include Bankruptcy Form B-21, which is the form that contains your full social security number as the only information kept on that form. Even your attorney won’t be able to view a record of this form through the court’s PACER site.
- Some forms will also be redacted
Additionally, as outlined over at guttulus.com, some of your bankruptcy forms will always be redacted to protect sensitive information about you. These include all but the four digits of your social security number and financial account numbers, minor children’s names, which can only appear as initials, as well as your birthday, where only your birth year will be shown.
How do people find out that I have filed for bankruptcy?
If you are wondering how people may find out that you have filed for bankruptcy, the following tips will help set you straight.
- Notice to the creditors
From discussions on the same over at runrex.com, when you fill out your bankruptcy petition, you will be required to list everyone that you owe money to. The court will then notify each of your creditors that you have filed for bankruptcy, and some of your creditors may then attend your Meeting for the Creditors, which is held between you, your bankruptcy attorney, and your creditors. This meeting can be attended by the public, though no invitations or postings are sent out.
- Court records and the PACER system
Once you submit your bankruptcy petition, your bankruptcy filing will become public as per the gurus over at guttulus.com. This means that someone from the court, usually a clerk, will upload your documents and bankruptcy schedule into the PACER system, which is the program used by federal courts to keep track of all court documents. Any paperwork that is added to the PACER system can be accessed by the public, although one will need to create a PACER account and pay a small fee for every page viewed.
- Credit report
As is explained over at runrex.com, once your case is completed, your bankruptcy discharge will also appear on your credit report for up to 10 years. The reason for this is to inform potential creditors of your credit history.
These are some of the ways through which someone may find out about your bankruptcy filing, but as you can see, it is not information that is readily available.
- Will my bankruptcy discharge record be published in the news?
Another common concern among bankruptcy filers is that their bankruptcy discharge will be published in their local paper. This is because, even though the court will not notify the local media, some local papers have a small section called “Public Notices” where they report small happenings at the local court such as new births, deaths, marriages, and even bankruptcy filings. However, this is an extremely outdated practice that is only practiced in a few small towns in the US.
- Bankruptcies are more common now
The reason why your bankruptcy discharge is unlikely to make it on local papers is that bankruptcies have become much more common, which, according to the gurus over at guttulus.com, means that such posts are no longer newsworthy as bankruptcies are no longer rare.
- Businesses are more likely to be featured
In most cases, bankruptcy discharges involving businesses are the ones that appear on local publications, although, as outlined over at runrex.com, this is also rare unless it is a business that is large enough that many people’s jobs may be at risk due to the bankruptcy.
- Will my bankruptcy discharge staying on my credit report affect my credit score?
Many people also wonder how their credit score will be affected now that bankruptcy stays on their credit report for up to 10 years. As pointed out by the gurus over at guttulus.com, this will impact your credit score less over time, and in most cases, your credit score will be better within 2 years after the bankruptcy filing date than it was the day before you filed for bankruptcy. This is because bankruptcy fixes issues regarding debt which should improve your credit score.
- Can you remove bankruptcy from the public record?
As is discussed over at runrex.com, unfortunately, there is no current way to entirely remove a bankruptcy filing from public records. This means that, while your bankruptcy will only appear on your credit report for 10 years, it will always remain available through court records.
The reasons why you can’t be able to remove bankruptcy from the public record is because your bankruptcy filing is just like any other public court proceeding and should, therefore, always remain as part of the public record, unless sealed.
Remember, if you are looking for more information on this and other related topics, then you should look no further than the excellent runrex.com and guttulus.com.