Are Bankruptcy Filings Public Information?

Increased numbers of bankruptcy filings mean that the social stigma once attached to bankruptcy is fading. However, bankruptcy filings are still public information, meaning anyone has access to information about debtors who have filed.

Process

Bankruptcy is filed through federal courts. Debtors who file must turn over all financial information--income and debts- to the court as part of the bankruptcy process. This information becomes part of the court record, which is available to the public.

Location

A bankruptcy court is included in every federal judicial district in the United States, with each state having at least one--and usually more--districts. Those who file for bankruptcy file in the federal district court nearest them. Records of the bankruptcy are kept in the district court clerk's office.

Considerations

The sensitivity of information contained in bankruptcy documents has been cause for concern for many who fear the information can be used for identity theft, among other crimes, especially as digitization of court records becomes more common.

The Privacy Rights Clearinghouse states that "the type of highly personal information at issue here, although now publicly available but difficult to obtain, will certainly prove a gold mine to criminals if and when access becomes effortless."

References

• United States Courts: Bankruptcy
• Privacy Rights Clearinghouse: Bankruptcy, Public Records and Privacy

Resources

• United States Courts: Bankruptcy Basics