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.

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 (800) 650-5002. 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.

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