How to Prove a Bankruptcy Discharge

There may be a time where you need to prove that your debt obligations were discharged in bankruptcy, but you cannot locate your copy of your bankruptcy discharge papers. Having a bankruptcy discharge may be required by mortgage lenders, some employers or other lenders. You may also need to prove your bankruptcy to a past creditor who may be trying to collect a legally uncollectable financial claim. Fortunately, there are several quick and fairly inexpensive ways to prove your Chapter 7 or Chapter 13 bankruptcy case was legally completed.

Difficulty: Easy

Instructions

1. Contact your bankruptcy attorney by phone or email if you used a lawyer to file your case. He will likely have a copy of your file, but may charge a small fee to research and copy your bankruptcy discharge papers. These fees are often payable by cash, money order, or debit or credit card.

2. Visit your local bankruptcy court and ask for a copy of your bankruptcy discharge papers. You will likely be charged a fee, the exact amount of which depends on your local courthouse's policies. These fees can usually be paid in cash.

3. Visit the U.S. Bankruptcy Court Federal Record Retrieval Service website (see Resources) or call [phone]. They can retrieve your bankruptcy discharge papers for you and either email them to you or send them via a variety of delivery options, such as the U.S. Postal Service. A credit or debit card will be needed to use this service. As of 2009, it costs $20 to get copies of bankruptcy discharge papers.

4. Visit the Public Access to Court Electronic Records (PACER) to obtain copies of your bankruptcy discharge papers. These must be printed on your computer, and a credit or debit card is required. As of 2009, PACER charged $.08 per page to access U.S. Bankruptcy Court system records.

Tips & Warnings

• Remember that keeping a copy of your bankruptcy discharge papers is important so you can quickly prove your case if required.
• Do not send your entire bankruptcy file to anyone, especially a former creditor. This is not advisable due to privacy concerns and the potential for identity theft.

References

• United States Bankruptcy Courts

Resources

• U.S. Bankruptcy Court Federal Record Retrieval
• Public Access to Court Electronic Records (PACER)