Question
Can filing for bankruptcy be kept private?
I don't want my file to be available to the public. Is there anything I can do to make my bankruptcy file private?LawQA.com Answer Library
Answered By: Goldfarb Law Office, PA
Unfortunately, the creditors get notice of your filing. As to the general public, they no longer see the filings in most newspapers that I know of. If they go to the trouble and know how to use the bankruptcy index, they could find your file.
Answer Applies to: Minnesota
Replied: 11/11/2011
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Answer Applies to: Minnesota
Replied: 11/11/2011
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Answered By: Theodore N. Stapleton, PC
You may be able to get an order from the court sealing portions of your filing.
Answer Applies to: Georgia
Replied: 11/9/2011
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Answer Applies to: Georgia
Replied: 11/9/2011
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Answered By: Heupel Law
No, filing bankruptcy is a public record. The only thing you can protect is your address upon filing a motion with the court.
Answer Applies to: Colorado
Replied: 11/4/2011
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Answer Applies to: Colorado
Replied: 11/4/2011
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Answered By: Eliza Ghanooni, Attorney at Law
Unfortunately, no. Your social security number will not be public but bankruptcy filings are public record. Fortunately, bankruptcy filings are not publicized in national newspapers. If someone wants to find out if you filed, they would have to go out of their way to look up your name on the bankruptcy court website and they would have to have a username and password, which most non-lawyers do not have.
Answer Applies to: California
Replied: 11/4/2011
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Answer Applies to: California
Replied: 11/4/2011
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Answered By: Bankruptcy Law office of Bill Rubendall
There is no such thing as a private bankruptcy; it is a matter of public record.
Answer Applies to: California
Replied: 11/4/2011
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Answer Applies to: California
Replied: 11/4/2011
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Answered By: Philip R. Boardman, Attorney at Law
No. It is a public record. However, it is not printed in the newspaper or advertised in any way. One who is not a creditor would have to search the court records to find out.
Answer Applies to: Virginia
Replied: 11/4/2011
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Answer Applies to: Virginia
Replied: 11/4/2011
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Answered By: The Law Offices of Kristy Qiu
No sorry. Being public doesn't mean that the news will be published to everyone, it only means that Anyone who performs a background check will find out that you have filed for bankruptcy.
Answer Applies to: Florida
Replied: 11/4/2011
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Answer Applies to: Florida
Replied: 11/4/2011
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Answered By: Law Offices of James Wingfield
Bankruptcy, like most court actions are public proceedings, are open to the public. The hearings and the files are available to the public. All creditors, co-debtors and some other people who have an interest in your assets or with whom you have a contractual relationship have a constitutionally protected right to have notice of the bankruptcy (embodied in the 5th Amendment). With that said, your neighbors, friends and co-workers will likely never know unless you tell them. To my knowledge no newspapers publish the names of filers. The only way someone will know would be if that person searched the court records for your name.
Answer Applies to: Massachusetts
Replied: 11/4/2011
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Answer Applies to: Massachusetts
Replied: 11/4/2011
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Answered By: Evans & Evans Law Firm, LLC
No, it will be available on PACER and anyone else who may search the federal court records. Certain important info. Is redacted by law (i.e., social security number, birthdates, account #s, etc.).
Answer Applies to: South Carolina
Replied: 11/4/2011
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Answer Applies to: South Carolina
Replied: 11/4/2011
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Answered By: Gregory J. Wald, Attorney at Law
Bankruptcy is a matter of public record.
Answer Applies to: Minnesota
Replied: 11/4/2011
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Answer Applies to: Minnesota
Replied: 11/4/2011
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Answered By: Bankruptcy Law Center
A bankruptcy filing is a matter of public record.
Answer Applies to: Colorado
Replied: 11/4/2011
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Answer Applies to: Colorado
Replied: 11/4/2011
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Answered By: Lake Forest Bankruptcy
No, but we dont actually publish the results in most of California so its only public to the extent someone is going to go to the court and look it up.
Answer Applies to: California
Replied: 11/4/2011
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Answer Applies to: California
Replied: 11/4/2011
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Answered By: Dan Wilson Bankruptcy
No, its a public filing. Sometimes court allows all or part of the file to be under a protective order, but that is rare.
Answer Applies to: Colorado
Replied: 11/4/2011
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Answer Applies to: Colorado
Replied: 11/4/2011
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Answered By: Alfred Law Firm
No. Bankruptcy files are public records.
Answer Applies to: Georgia
Replied: 11/4/2011
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Answer Applies to: Georgia
Replied: 11/4/2011
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Answered By: The Law Office of Darren Aronow, PC
No, it is a public information.
Answer Applies to: New York
Replied: 11/4/2011
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Answer Applies to: New York
Replied: 11/4/2011
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Answered By: Charles R. Nettles - Attorney at Law
No. It is a matter of public record.
Answer Applies to: Texas
Replied: 11/4/2011
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Answer Applies to: Texas
Replied: 11/4/2011
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Answered By: Ruiz Law Group, P.C.
Bankruptcy filings are public records.
Answer Applies to: New York
Replied: 11/4/2011
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Answer Applies to: New York
Replied: 11/4/2011
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Answered By: Law Offices of Virginia E. Fortunato
When someone files a bankruptcy, it is filed electronically and is public record. Anyone can find out you filed if they know where to look.
Answer Applies to: New Jersey
Replied: 11/3/2011
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Answer Applies to: New Jersey
Replied: 11/3/2011
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Answered By: Eranthe Law Firm
No. Even celebrities' bankruptcy filings are public records. It is not published in the newspaper or made public in that way but if someone looks your name or social security number up on the PACER system they will see the filing. You also need to notify everyone that you owe money to.
Answer Applies to: California
Replied: 11/3/2011
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Answer Applies to: California
Replied: 11/3/2011
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Answered By: The Law Offices of Seth D. Schraier
Unfortunately, not only is your bankruptcy petition not kept private, but every employer or potential creditor that you may have will be informed of the pending bankruptcy and creditor's meeting. Additionally, if anyone does a credit check on your background, whether it be to rent an apartment, lease a car, or obtain a private loan for education, your bankruptcy will be seen on your credit check and affect your ability to obtain what you wish. You have to understand something about bankruptcy: you are asking a court to determine that your financial position is so bad, that you should not have to pay back all of the debts that you owe. This can potentially be a large sum of money that you are erasing from your debts, and never have to pay. But there is a downside to this, in that this information needs to be made public so that any potential lender down the road sees that you had no choice but to declare bankruptcy. If this information were kept private, then there would be little stopping you from accruing a large amount of debt again, and having your creditors lose out on all the money that is owed to them because they were unaware that you had previously been granted a bankruptcy.
Answer Applies to: New York
Replied: 11/3/2011
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Answer Applies to: New York
Replied: 11/3/2011
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Answered By: Harkess and Salter, LLC
Bankruptcy filings are public records. If you don't want anyone to know, you cannot file.
Answer Applies to: Colorado
Replied: 11/3/2011
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Answer Applies to: Colorado
Replied: 11/3/2011
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Answered By: Law Offices of Joseph A. Mannis
For all practical purposes it is, unless someone you know is going to be going down to the Bankruptcy Court to look on their computer. Not very likely. Outside of that, nobody (except one of your creditors) will know.
Answer Applies to: California
Replied: 11/3/2011
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Answer Applies to: California
Replied: 11/3/2011
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Answered By: Janet A. Lawson Bankruptcy Attorney
No.... it is all available on PACER (a public data base). The good news is that most people do not know what is or how to get an account.
Answer Applies to: California
Replied: 11/3/2011
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Answer Applies to: California
Replied: 11/3/2011
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Answered By: Law Offices of Kenrick Young
Bankruptcy filings are public court records, a bankruptcy case cannot be filed under seal. It may be possible to file certain documents under seal and keep them from public disclosure, but a judge would likely only grant such a request under extraordinary conditions. You should consult an attorney regarding request to file documents under seal with the bankruptcy court.
Answer Applies to: California
Replied: 11/3/2011
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Answer Applies to: California
Replied: 11/3/2011
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Answered By: Buff & Chronister
A Bankruptcy filing like any other legal action or proceeding is a matter of public record. Your petition, schedules, statement of financial affairs and plan are on the docket and are available for viewing. However, there is nothing on the docket with your full social security number. A Bankruptcy filing will also be reported under the public records portion of your credit bureau report. Although a Bankruptcy filing is a matter of public record, seldom is anyone but you and your creditors aware of the filing. The public does not generally look up and access this type of information but no, you cannot file for Bankruptcy and keep it completely private.
Answer Applies to: Georgia
Replied: 11/3/2011
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Answer Applies to: Georgia
Replied: 11/3/2011
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Answered By: Law Office of Harry L Styron
No. Almost all court records are public records, and this certainly goes for bankruptcy. The file will be available to whoever wants to look at it and it will be reported on your credit report.
Answer Applies to: California
Replied: 11/3/2011
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Answer Applies to: California
Replied: 11/3/2011
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Answered By: Weber Law Firm, P.C.
No. All bankruptcy filings are public record. However, to a large degree, unless you are a notorious individual, public figure, or being investigated, no one cares, and your friends and relatives.
Answer Applies to: Texas
Replied: 11/3/2011
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Answer Applies to: Texas
Replied: 11/3/2011
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Answered By: The Schreiber Law Firm
No. A bankruptcy filing is a public record.
Answer Applies to: California
Replied: 11/3/2011
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Answer Applies to: California
Replied: 11/3/2011
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Answered By: Law Offices of Daniel Moulton
No, it's a public act.
Answer Applies to: Illinois
Replied: 11/3/2011
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Answer Applies to: Illinois
Replied: 11/3/2011
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Answered By: Judith A. Runyon, Esq. Attorney at Law
No, bankruptcy is a public record.
Answer Applies to: California
Replied: 11/3/2011
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Answer Applies to: California
Replied: 11/3/2011
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Answered By: Carballo Law Offices
Bankruptcy filings are public information. It is not going to be on page one of the newspaper unless you are famous. To find out about it one has to know where to look or buy the information from one of those companies that sell information online so generally no body finds out about it.
Answer Applies to: California
Replied: 11/3/2011
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Answer Applies to: California
Replied: 11/3/2011
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Answered By: Charles Schneider, P.C.
Ultimately no as it is a public record.
Answer Applies to: Michigan
Replied: 11/3/2011
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Answer Applies to: Michigan
Replied: 11/3/2011
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Answered By: Kenneth A. Parker, P.C.
Unfortunately, when you file Bankruptcy it is a public record. This information is available for anyone who searches the Bankruptcy Court's web site but it is rarely published in local newspapers. Certain personal information is hidden such as your social security number but names and addresses are a part of the bankruptcy filing and are available to the public.
Answer Applies to: Georgia
Replied: 11/3/2011
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Answer Applies to: Georgia
Replied: 11/3/2011
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Answered By: Ashman Law Office
No. It is a public record available to anyone who cares to look.
Answer Applies to: Georgia
Replied: 11/3/2011
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Answer Applies to: Georgia
Replied: 11/3/2011
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Answered By: Foster Law Group
No, filing bankruptcy creates a public record. No one wants their bankruptcy to be made public but that is part of the price of filing bankruptcy.
Answer Applies to: Colorado
Replied: 11/3/2011
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Answer Applies to: Colorado
Replied: 11/3/2011
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More Questions on Bankruptcy
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- How can I secure my house when filing for bankruptcy?
- How long to wait before declaring bankruptcy?
- Will my chapter 13 be dismissed if I am late on my home mortgage?
- Can I still put a stop to bankruptcy?
- Can filing bankruptcy stop foreclosure?
- Can I neogtiate non-exempt taxes in chapter 7?
- What do I do with non-exempted assets?
- What does the trustee do in the bankruptcy case?
- Do I have to appear before a judge when filing for bankruptcy?
- What is the difference between chapter 13 and chapter 11?
- Is it difficult to file chapter 7?
- What does chapter have to do with non-exempt property?
- Is it better to file chapter 7 over chapter 13 or vice versa?
- Will I be able to get rid of all my debts when I file chapter 7?