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Because bankruptcy records are handled by the courts and governed by federal law, they are public records. Some information found in bankruptcy records may include the person’s gross income or source of income, assets including real estate holdings, businesses, investments, a list of their creditors, how much they owe, case files, and other details. Bankruptcy courts do not often list this bankruptcy information online, so it can be difficult to publicly access or locate court records for a specific individual or business. Finding bankruptcy records can be difficult and time-consuming. InfoTracer’s powerful search engine can uncover bankruptcy records from all over the country within minutes. Immediately access thousands of up to date public records when available. All you need to search is the person’s name and state. The information you can find in our bankruptcy reports when available includes:
Bankruptcy is a financial remedy for people who are heavily in debt and cannot pay their creditors. Individuals or businesses in financial trouble can use bankruptcy to liquidate their assets, pay off some of their debt, and eliminate the rest. Bankruptcy is handled by the United States Federal Court System. Bankruptcy is not handled at the state level. Therefore, only federal bankruptcy courts may handle bankruptcy cases.
When someone files for bankruptcy, the bankruptcy judge will begin by determining who needs to get paid first. The trustee will divide the list of creditors into two groups: secured and unsecured. Secured creditors are the priority and will be paid from any liquidated assets. These creditors include the IRS, other government agencies, banks, lenders, student loans, lienholders, etc. The unsecured debts may not be paid at all (referred to as a bankruptcy discharge). The judge overseeing the bankruptcy case will appoint a trustee to work with the company or individual to collect financial records, liquidate assets, and pay off creditors. The bankruptcy trustee will continue their work until the case is closed.
Most people prefer to consult with a bankruptcy attorney for legal advice and to help with this process. The bankruptcy code and many bankruptcy forms can be confusing, and a good bankruptcy lawyer can help make sense of it all. In addition, bankruptcy laws change over time, and it’s important to know all the specifics before filing. The repercussions of bankruptcy can last for many years.
Chapter 7 bankruptcy is the simplest form designed to help businesses and individuals liquidate their assets and pay off debt. Most of their creditors will not receive any payment – instead the debt will be discharged. Chapter 7 is the most common because it is the quickest form of bankruptcy. However, you may only file Chapter 7 if the court determines that you do not make enough money to pay off your debts.
Chapter 9 is for municipalities in financial straits. This type of bankruptcy resolves municipal debt for a specific jurisdiction such as towns, cities, school districts, etc.
Chapter 11 bankruptcy is a financial procedure for larger companies to help them restructure and reorganize to streamline finances and pay off debt. Chapter 11 may also be used by wealthy individuals with a lot of assets and debt. It is sometimes called “corporate bankruptcy.” Typically, companies are allowed to continue operations while the courts help them reorganize and pay down debt.
Chapter 12 bankruptcy is specifically designed to help farmers or fishermen get out of financial trouble and pay down debt. Chapter 12 essentially helps these individuals get back on their feet and avoid having to sell their property.
Chapter 13 is like Chapter 7, except that instead of forgiving debt, the courts will help the person reorganize it and pay it off over time. The court will determine a fair monthly payment which they will have to pay, and the court will disburse the funds to all the person’s creditors. Typically, Chapter 13 bankruptcies allow 3-5 years to pay off all debts. The trustee handling the case may put the person on a strict budget and base the repayment plan on the person’s income and total debt. With this type, someone may be able to hold onto their assets and may not have to sell anything. Anyone can file Chapter 13. However, there are unsecured and secured debt limits when filing.
Chapter 15 is a vehicle to handle foreign debt giving out-of-country creditors access to the U.S. bankruptcy courts and laws for clearing international debts.
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There are four main types of bankruptcies: Chapter 7 (the liquidation of insolvent businesses), Chapter 11 (reorganization of the business), Chapter 13 (for individuals or large companies), and Chapter 12 (for family farmers and fishermen). There are also two other types: Chapter 9 (for municipalities) and Chapter 15 (international debts).
Bankruptcy court records are information about the individuals and corporations who file for bankruptcy. They may include the person or company’s name, net worth, assets, income, debts, creditor information, etc. These records are subject to public access because of the Freedom of Information Act (FOIA) of 1966.
According to the United States Courts, the financial records required to file for Chapter 7 include:
A bankruptcy court case search may disclose the bankruptcy court handling the case and the case number, state, bankruptcy filing date, type, disposition, docket details, case information, debtors, creditors, assets, liabilities, beneficiaries, and trustees.
For people who are struggling financially, bankruptcy is usually a last resort. It allows you to pay down your debts over time, or the court will discharge them entirely. Once you file for bankruptcy, your creditors can no longer try to collect debts from you. You will stop receiving collection calls and letters in the mail. You will work closely with a court-appointed trustee to resolve your financial situation.
Depending on the type of bankruptcy you file for, it will stay on your credit report for seven to ten years. Since this will affect your ability to get loans, buy property, and even get jobs, it should only be used as a last resort to resolve your financial difficulties.
The cost to file for bankruptcy varies with each case. It will depend on the type of bankruptcy you file and whether or not you hired an attorney to help you. The basic filing fees cost between $300-$400. Keep in mind; you may also have to pay for credit counseling as a condition from the court. You might have to pay other fees as well.
Filing for bankruptcy can provide peace of mind by discharging your debt. However, it comes with a downside as well. First, bankruptcy will stay on your credit report for seven to ten years. That will affect your ability to get loans, credit cards, buy or rent property, and even obtain jobs. You may be subject to higher interest rates, and as part of the bankruptcy agreement, you may have to sell off all your assets to pay your debts.
The process of filing for bankruptcy may vary slightly based on the jurisdiction and the type of chapter. However, the basic steps will include:
You can quickly and easily look up bankruptcy records using InfoTracer’s powerful search engine. All you need to provide is someone’s full name and state of residence. Within seconds, you will see bankruptcy filings associated with your subject (if any are available). For more information, you can sign up for a membership.