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Can I Keep My Bankruptcy A Secret?

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posted on 5/8/10 in Life After Bankruptcy

If you file bankruptcy, can it be kept a “secret” between you and your attorney? Well, no a bankruptcy filing is a matter of public record. It’s not technically a secret. Having said that, unless you’re a celebrity, your bankruptcy case won’t make the newspaper. The fact is that if you wish to keep it confidential, none of your family or friends needs to know about your financial issues or how you’ve chosen to solve them.

When I say bankruptcy is a matter of public record, I mean that the papers you file with the court can be found on the internet by someone trained to look for them. All documents filed in federal court across the country are catalogued electronically. An online database is kept of pleadings, motions, bankruptcy cases etc. A lawyer, paralegal or creditor specifically looking for you may be able to find your case. However, it is highly unlikely your best friend or sibling will know how or where to search through court records in order to pinpoint the date you declared chapter 7 bankruptcy.

If you don’t tell your family and friends about your bankruptcy, they will likely never find out. However, there are a few notable expections. Your creditors will receive notice of your bankruptcy in the mail. If you owe money to a family member or friend, they will receive papers from the bankruptcy court. Similarly, if you have incurred joint debt with a friend or family member, filing bankruptcy will affect the status of the joint account, giving notice that you’ve filed bankruptcy to your co-debtor.

See Also: Who Will Know If I Filed Bankruptcy?

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