Can I keep my bankruptcy petition private?

I want to file for bankruptcy, but I don't want anyone to know. Is it possible for me to keep my petition private? Can the creditor tell any of my family members about my bankruptcy file?
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Answered By: Mercado & Hartung, PLLC
No one will find out unless they pull a credit report, or actively search for the Bankruptcy filing through public records.

Answer Applies to: Washington
Replied: 1/17/2012

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Heupel Law
No, bankruptcy petitions are public records. However, family members rarely find out unless you tell them.

Answer Applies to: Colorado
Replied: 12/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Alfred Law Firm
Bankruptcy documents are public record and it also gets reported on your credit report. Once you file bankruptcy, creditors are ordered to cease and desist any further communication with you about the debt, so I do not understand why they would contact your family members.

Answer Applies to: Georgia
Replied: 12/27/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Marvin Wolf
No, but most creditors stop collection attempts once they learn that you filed. There's no money in it for them at that point. If they don't stop, the court can sanction them. If someone threatens to tell your family about your filing after you file unless you pay them, that is a violation of the automatic stay as an improper attempt to collect a stayed debt. Bankruptcy petitions are public documents and not protected. It will show up on your credit report. The court will mail notices to your address. However, for most cases, unless someone is actively looking for it or is a creditor who got notice from the court, they won't know to look in the first place. Bankruptcy is not a venereal disease - it is a financial strategy to control your debts. Due to the bad economy, over one and a half million people filed last year. With that much company, you have nothing to be ashamed of.

Answer Applies to: New Jersey
Replied: 12/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Bankruptcy Law office of Bill Rubendall
Bankruptcy is a matter of public record. If a creditor pursues collection action after bankruptcy it can be sued. Consider filing a small claims lawsuit if you are being harassed or if your privacy is being invaded.

Answer Applies to: California
Replied: 12/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Carballo Law Offices
Bankruptcy cases are public information but not easily found by people. There is nothing you can do to keep it confidential if someone really wants to find out the information. Usually no one except the listed creditors find out about it unless you are famous.

Answer Applies to: California
Replied: 12/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Guardian Law Group PLLC
Bankruptcy is a matter of public record, so you cannot keep it private. But your creditor should not be contacting any family member regarding your debt and if they are contacting anyone after you have filed they are in violation of numerous federal laws.

Answer Applies to: Utah
Replied: 12/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Darren Aronow, PC
Bankruptcy is public information, so you can not keep it private, but they can not all any family members during your bankruptcy.

Answer Applies to: New York
Replied: 12/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Sanders Law, P.A.
No, bankruptcy is a public record, as are most court records. However, the information is not generally easy to find and you must have subscriber access to view online.

Answer Applies to: Florida
Replied: 12/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: THOMAS G. GILL, P.A.
Bankruptcy is filed in the federal court and it is therefore a public document. However, very few people troll the bankruptcy docket looking for people they know.

Answer Applies to: Maryland
Replied: 12/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Michael Johnson
It is of Public Records, but there is no sign out there saying that you filed. A creditor will not contact any one after you have filed the Bankruptcy.

Answer Applies to: Florida
Replied: 12/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Mazyar Hedayat and Associates
Unless specifically sealed by a Judge, all legal proceedings are public. That includes bankruptcy. But realistically, that does not mean your case will be easy to find or identify. As for embarrassment, if that is your greatest concern you probably do not need to file badly enough. For those who really need debt relief, embarrassment is a small price to pay for a fresh start.

Answer Applies to: Illinois
Replied: 12/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Ryan Legal Services, Inc.
A bankruptcy filing is public record.

Answer Applies to: Ohio
Replied: 12/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Grace Law Offices of John F Geraghty Jr.
Once it is filed it is public record but there is no legitimate reason for them to publish to family.

Answer Applies to: Georgia
Replied: 12/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Janet A. Lawson Bankruptcy Attorney
Your bankruptcy is a public record. A creditor however can't tell people just to embarrass you.

Answer Applies to: California
Replied: 12/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Bird & VanDyke, Inc.
No. Your creditors cannot tell your family members that you filed for bankruptcy. Although a bankruptcy case filing is a matter of public record it has been my experience that the only people who end up knowing about it are those you tell and those you allow to run your credit.

Answer Applies to: California
Replied: 12/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Stockman Law Office
A bankruptcy filing is public record. However, any attempt by your creditors to collect a debt after the filing is a violatiion of the US Bankruptcy Code. Calling your relatives, unless they are responsible for the debt you owe, in my opinion, would be an attempt to collect the debt from you.

Answer Applies to: Florida
Replied: 12/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Ashman Law Office
Bankruptcies are public records. You cannot make the private.

Answer Applies to: Georgia
Replied: 12/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Harkess and Salter, LLC
Bankruptcy is a public record and you cannot make it private. However, it is rare that any of your acquainances will look to see if you have filed. Additionally, it would generally not be permissible for your creditors to discuss your debts with other people in any way - including a discussion about your bankruptcy filing.

Answer Applies to: Colorado
Replied: 12/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law offices of John P. Brooke
It is public knowledge and there is nothing you can do to keep it private. I don't see why a creditor would tell anyone that you filed for bankruptcy. There is no point in doing so just to hurt you if they know they can't collect the debt. They are not allowed to continue with debt collection efforts once you file.

Answer Applies to: New York
Replied: 12/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Diana K. Zilko, Attorney at Law
Bankruptcy filings are public records, however, most people don't have any idea how to really do a search to see if someone has filed. Once you do file, creditors are not allowed to make any collection efforts, which should include calling you or your family members. As such, you should be able to keep it pretty private, generally speaking.

Answer Applies to: California
Replied: 12/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Alexzander C. J. Adams, P.C.
Bankruptcy is a matter of public record. While you do not have to tell anyone not involved in the case that you are filing bankruptcy, you do have to let all of your creditors know. Further, if someone was curious on whether or not you have ever filed a bankruptcy, that information is readily available to anyone who knows their way around the courts computer system.

Answer Applies to: Oregon
Replied: 12/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Judith A. Runyon, Esq. Attorney at Law
Bankruptcy filings are a public record

Answer Applies to: California
Replied: 12/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Gregory J. Wald, Attorney at Law
Bankruptcy is always a matter of public record. However, to my knowledge the Star Tribune and Pioneer Press only report bankruptcy cases that involve businesses.

Answer Applies to: Minnesota
Replied: 12/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Schreiber Law Firm
A bankruptcy is a public record. However, unless one of your family members is also a borrower with you and the creditor needs to contact them about payment, then there is no likelihood that a creditor is going to contact them just because you filed bankruptcy.

Answer Applies to: California
Replied: 12/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Symmes Law Group, PLLC
No bankruptcy petitions are public record.

Answer Applies to: Washington
Replied: 12/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: AyerHoffman, LLP
The vast majority of court filings are public record. You could seek to have the record impounded, but you will need a compelling reason to convince the court to do so. It will be difficult for anyone to find the record of your bankruptcy unless they know of it. As for the creditor, it could report the bankruptcy to your family members, but creditors generally don't even show up for the "creditor's meeting" or "341 meeting" which allows them to question you about your bankruptcy and your finances. Should a creditor reveal your bankruptcy with malicious intent, and should the revelation cause you harm, you may be able to sue the creditor for damages.

Answer Applies to: Massachusetts
Replied: 12/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Foster Law Group
Filing bankruptcy creates a public record. No way around it. I am sure everyone who files bankruptcy would love to keep it private (i.e. all of the benefits and none of the consequences) but that just isn't possible. I have never heard of a creditor contacting a person's family members to notify them of a bankruptcy. Seems pretty far fetch and outlandish to me. I'm sure creditors have better things to do.

Answer Applies to: Colorado
Replied: 12/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Diefer Law Group, P.C.
A bankruptcy is public information. You cannot keep it private. I don't know if a creditor would tell your family about the bankruptcy or not. But there is definitely nothing stopping them from doing so.

Answer Applies to: California
Replied: 12/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Offices of Kristy Qiu
No you cannot keep the file private. However, youc creditors will not tell your family members and they will not be notified. Unless they're co debtors or guarantors on the debt, then they will be notified as they will remain liable for the debt.

Answer Applies to: Florida
Replied: 12/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: J.M. Cook, P.A.
No. You can not keep it private.

Answer Applies to: North Carolina
Replied: 12/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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