Bankruptcy Records - What You Should Know Before Filing Them

By: Amit Mehta

The easiest way to eliminate debt completely is to file for bankruptcy. Instead of finding the ways and means to pay off your debts in full, you can just utilize this legal process to be absolved of them, right? HOWEVER, as long as you have the funds, you will still be required to pay all your creditors based on a schedule determined by the bankruptcy court. Bankruptcy records pertain to all the documentation that comes with filing for bankruptcy.

There are essentially three methods of looking up bankruptcy records. First, you can simply go to the bankruptcy court and request for the bankruptcy documents of the company or individual concerned. Another method is by getting in touch with a national information retrieval company. You will need to pay them a small fee to get the bankruptcy documents for you.

The third method is by looking for these records in a number of online databases. You will have to subscribe to these databases to get the bankruptcy records that you want to access. If the records that you obtain through any of these three methods remain insufficient, you can always ask for support documents from the county recorder's office.

Why You Should Access Bankruptcy Records

One of the more common reasons why you would want to access bankruptcy documents is to determine a person's or company's track record, especially if you are planning to engage in business with them. If you are signing a contract with a company or individual whose background is unfamiliar to you, checking their financial background is always advisable.

Another reason why accessing bankruptcy documents is required is when you are thinking of filing a lawsuit against someone. The bankruptcy court will issue a stay on the bankrupt party, which prevents anyone from filing a lawsuit against them. If you go ahead with the case against a bankrupt party, it will not only be a waste of your time and money but receiving any kind of judgment will not be possible if bankruptcy records already exist.

If you are a creditor dealing with a bankrupt party, then you will not be allowed to get in touch with them to ask for payment nor can you impose that wages of employees be paid while there is a stay. Keep in mind, however, that bankruptcy records differ from one state to another and you cannot make any generalizations based solely on one state's laws.

Accessing bankruptcy documents has allowed more resources and data to be included. Aside from the actual bankruptcy records, you will also be able to go through the required forms and materials if you are contemplating filing for bankruptcy yourself. There are also opinions and analyses from different bankruptcy documents and directories of all the courts and clerks in your district.

The wealth of information related to bankruptcy records will prove to be an advantage for anyone who wants to consider all the pros and cons of this legal process. Although the stigma once associated with bankruptcy has dwindled down in recent years, it should still be accompanied by a careful process of deliberation before acting on it.

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