Are Bankruptcies Public Record?

Are Bankruptcy Filings Public Record?

Yes, bankruptcy filings are part of the public record.

Once you file with the court, your bankruptcy petition becomes part of the court’s electronic records. Anyone can access the court's electronic records system called PACER (Public Access to Court Electronic Records) if they create an account on the site.

That said, bankruptcies aren’t advertised or publicly announced. In most cases, friends, family members, or employers won’t go searching through PACER for your case information.

Why Are Bankruptcies Public Record?

Bankruptcy cases go through the federal court system. Like most court cases in the U.S., they become part of the public record.

Courts keep records to make the legal system transparent and accountable. That means documents filed in a bankruptcy case — including your petition — are stored in the court’s system and can be accessed by the public.

In very rare situations, a judge can seal certain records. But in most consumer bankruptcy cases, the filings remain part of the public record.

Is All the Information in My Bankruptcy Record Available to the Public?

No. Bankruptcy forms contain a lot of personal and financial information. Much of that information is public record, but not all of it. 

Public information includes:

• Case information like your case number, filing date, chapter number, bankruptcy discharge date, the name of the judge and bankruptcy trustee overseeing your case, and your 341 meeting information.

• Debt, income, and asset information listed on your bankruptcy forms. This includes your list of creditors and how much you owe each creditor. It also includes a list of your income and any assets you own.

• Contact information for you, your creditors, and your bankruptcy lawyer if you have one.

Information that’s excluded from the public record includes:

• Your Social Security number as listed on Form B-21.

• Your full financial account numbers. All but the last four digits of your account numbers will be redacted or blacked out.

• Your birthday. Only your birth year will be shown.

• Minor children’s names. These will appear as initials only.

How Does the Public Access My Records?

Anyone who wants to view court records must register with the PACER system. This is the federal court electronic case management and filing system.

The majority of PACER users accessing bankruptcy information are bankruptcy attorneys and their employees. The three major credit bureaus also have PACER accounts.

While you can register to use PACER for free, you may have to pay a fee for court records, depending on how many documents you access each quarter. This makes it more unlikely that your friends, family, and others will go looking for your records online.

Who Will Know if I File Bankruptcy?

In most cases, the only people who are formally notified are your creditors, the bankruptcy trustee assigned to your case, and the court. If you have a wage garnishment, your employer may also find out because the court will notify them to stop taking money from your paycheck.

Your bankruptcy case is part of the public record, but it isn’t advertised or announced. There’s no public list published in the newspaper in most consumer cases. Someone would have to actively search for your case in the federal court system to find it.

Friends, neighbors, and coworkers typically won’t know unless you choose to tell them.

Will All My Creditors Be Notified?

Yes. And this is to your advantage because as soon as you file bankruptcy, you get protection from the automatic stay.

This stops all collection activity from your creditors, including serious measures like wage garnishment and foreclosure.