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What Are Bankruptcy Filings and How to Search for Them

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Filing for bankruptcy is usually a last resort for individuals, but for businesses, it can provide some breathing room and an opportunity to restructure and move forward. Before taking on a new vendor, partnering with a company, or offering them terms, check the company out with a business background report to find out if they have recently filed for bankruptcy.

You cannot be too careful in business and never know exactly who you are dealing with. A quick business background check can fill in all the blanks and give you peace of mind. EntityCheck offers streamlined access to the most important details about a business, and you can put them at your fingertips with a few clicks.

What is Bankruptcy?

Bankruptcy is a legal process for individuals and businesses in financial trouble who can no longer pay their outstanding debts. Federal bankruptcy courts handle the process with a judge and an appointed case manager (the trustee) making all the financial decisions. The courts help devise a repayment plan, sell off assets to free up cash, or discharge debts. Although bankruptcy is a solution, it can have long-term negative consequences and hurt the individual's or business's financial reputation.

Types of Bankruptcy Filings

When a person or business declares bankruptcy, it must file a petition with the courts and choose a type of bankruptcy. The classes can be confusing, and most people hire an attorney to help with the legal aspects and decision-making.

Congress enacted bankruptcy laws in 1978, and the different chapters are for specific situations. The various types of bankruptcy filings are as follows:

Chapter 7 Bankruptcy

Chapter 7 Bankruptcy allows individuals to discharge unsecured debt like credit cards and medical bills. However, they must also liquidate as many non-exempt assets as possible to free up cash to pay secured debts like mortgages. Non-exempt assets are stocks, bonds, and other valuables which can be sold for profit. In most cases, the petitioner can keep their primary home and car, but they must sell the others if they have multiple vehicles or homes. Discharged debts mean the petitioner no longer has to pay them.

Chapter 11 Bankruptcy

Chapter 11 Bankruptcy was designed for businesses (and sometimes individuals) with large amounts of debt to restructure their debts and formulate a repayment plan. The company is allowed to continue operations while developing a plan. Some options available to the company are downsizing, selling off assets, renegotiating contracts, and finding ways to save, such as switching vendors. During the bankruptcy process, the company is not allowed to expand the business, incur new debts, or sell assets that are not court-approved.

Once a company files for Chapter 11 Bankruptcy, it must submit a reorganization plan within 120 days. The court will review and coordinate with creditors before the business can execute the plan. Businesses that require more time may ask the court for an extension.

Chapter 12 Bankruptcy

Chapter 12 Bankruptcy was explicitly designed for family farms or fishermen with regular income. It allows these farms or fisheries to continue operations while devising a repayment plan and keeping their land, equipment, and other essential assets. They may repay some or all of their debts in the repayment plan.

Chapter 13 Bankruptcy

Only specific individuals qualify to file for Chapter 11 Bankruptcy. If you do not qualify, you can file for Chapter 13 Bankruptcy, which allows you to restructure your debts and develop a repayment plan that lasts 3-5 years. The good news is that with Chapter 13, you are not required to liquidate your assets to free up cash.

To qualify to file for Chapter 13 Bankruptcy, you must have ongoing income and less than $2.75 million in total debts, and they will not be discharged until you complete your repayment plan.

Other Types of Bankruptcy

Along with the standard forms of bankruptcy above, there are a couple of additional options. They are as follows:

  • Chapter 9 Bankruptcy: Chapter 9 Bankruptcy works like Chapter 11, but it was designed for municipalities, towns, counties, and school districts in financial trouble. They don't need to liquidate any assets to formulate a debt repayment plan.
  • Chapter 15 Bankruptcy: Chapter 15 Bankruptcy is for individuals or businesses with multi-country debts and assets. It allows coordination between U.S. and foreign courts to work out the details of a repayment plan.

What is the Process of Filing for Bankruptcy?

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The process of filing for bankruptcy can be time-consuming and complex. The decision is not to be made lightly. You are essentially handing over your right to make financial decisions to the courts. The process of filing for bankruptcy is as follows:

  1. Filing a Petition: You or your lawyer must file a petition with the federal bankruptcy court in your district. As soon as you file the paperwork, an automatic stay is in effect, disallowing any creditors from contacting you to collect a debt. They are prevented from suing you, foreclosing, or garnishing your wages.
  2. Trustee Appointed: The judge handling your case will appoint a trustee to work with you to develop the repayment/restructuring plan.
  3. Meet the Creditors: You and the court-appointed trustee will hold a '341 meeting' with your creditors to discuss your financial situation and a repayment plan they can accept.
  4. Discharge Debts: Any remaining qualifying debts will be discharged after you meet with your creditors. You will no longer be responsible for them if you follow the repayment plan until completion.
  5. Reaffirmation Agreements: If you continue to repay certain debts, you must sign new reaffirmation agreements with creditors, and the court must approve them.

Consequences of Filing for Bankruptcy

Bankruptcy is a bold step with serious consequences. Although it may solve an insurmountable problem, it may cause others. Before filing, consider some alternatives. The consequences of filing for bankruptcy include:

  • Poor Credit: Bankruptcy will considerably impact your credit. Typically, they stay on your credit report for 7-10 years and drop your credit score by at least 100 points, making it impossible for you to take out loans, apply for credit cards, or get any financial assistance for years.
  • Loss of Assets: Most forms of bankruptcy force you to sell assets to liquidate cash to pay off debts. You may lose homes, cars, and other valuables you don't want to sell.
  • Reputational Damage: A business can suffer extreme reputational damage after filing for bankruptcy, which can erode consumer trust and cause loss of sales.
  • Tax Implications: Bankruptcy can also have tax ramifications, such as the court-appointed trustee using tax refunds to pay off debts.

Alternatives to Bankruptcy

Bankruptcy is not the only solution to a severe financial situation. Before choosing to file for bankruptcy, consider some other options, such as those below:

  • Work with Creditors: You can often negotiate with creditors to modify the terms of your loan, extend the repayment schedule, or lower your monthly payments rather than risk you filing for bankruptcy, where they might get nothing.
  • Pause Payments: Larger loans may be subject to a forbearance, which means you could contact the loan officer to see if they might pause payments for a while until you get back on your feet.
  • Borrow: If you can borrow money from a friend or family member, consider taking a short loan to bridge the gap until you get things back on track.

Tips for Filing for Bankruptcy

Bankruptcy should be considered a last resort for most. The complexities are vast, and a single mistake could hurt your chances of approval or damage your case beyond resolve. To ensure success when filing for bankruptcy, follow the tips below:

  • Consult an Attorney: Many lawyers specialize in bankruptcy issues. These professionals can help you file and make the correct decisions throughout the process. To avoid any missteps, consult a qualified attorney to help you with your bankruptcy filing. The cost will be well worth it.
  • Learn About Bankruptcy: Go online and educate yourself about the process to know what to expect and what is coming. The more information you have, the easier the process will be. Learn all you can about the implications and complexities.
  • Avoid Making Mistakes: Double-check your paperwork before submitting it. Answer each question honestly and accurately. Any errors or lies in your submission could hurt your case considerably.
  • Consider Alternatives to Bankruptcy: Consider the alternatives to bankruptcy. Could any of them work for your situation? Consider debt consolidation, refinancing a mortgage, or negotiating with creditors to solve the problem.
  • Sign Up for Credit Counseling: Use a credit counseling firm to help you learn how to manage your finances better and avoid any future issues.
  • Consider the Consequences: Think long and hard about the consequences before filing for bankruptcy. Bankruptcy filings are public; anyone can look up your information to see your financial situation.

Is Bankruptcy Filings Public Record?

Yes, bankruptcy filings are public records; anyone can access them anytime. Since the federal courts hold these records, you must pay a fee for copies. You can access court records through the individual court or use the online PACER bankruptcy search system to access court files and perform a bankruptcy filing search. When you search bankruptcy filings, you may need some information about the individual or company you are searching for. Sometimes, you might need the bankruptcy case lookup number or ID. Before logging on, perform a bankruptcy court search to find the proper court for your case.

How to Perform a Bankruptcy Filing Search

Since bankruptcies are public records, anyone can perform a bankruptcy filing lookup for any reason. The key to a bankruptcy filing search is knowing where to find the desired records. You have a few options available when looking for bankruptcy filings. They are as follows:

PACER Bankruptcy Search System

You can sign up for an account with the PACER (Public Access to Court Electronic Records) system to find case files and documents. PACER is a federal court system with more than 1 billion records to search through. You may need some details like the business or person's name or case number, and you must pay a fee when using PACER.

VCIS Phone System

You can also use the VCIS (Voice Case Information System) phone system to call in and ask about specific cases. To access the records of a specific bankruptcy case, you will need specifics like the case name, case number, EIN, or social security number. VCIS is a toll-free system; you can call (866) 222–8029.

District Bankruptcy Court Websites

In the U.S., bankruptcy courts are split into divisions, with some in each state. There are 90 bankruptcy courts in total. They are a division of the district courts. You can visit these courts to find bankruptcy records in person or visit the district bankruptcy court website and search for records there. You can find a complete list of all U.S. bankruptcy court links on the United States Courts website.

Commercial Options

Another option for running a bankruptcy filing search is to use a commercial database or service that sources information from government, public, and private repositories, bringing everything together in one place. You can save a lot of time by searching for companies all over the United States without visiting any offices in person or using multiple websites. Enjoy unmatched convenience while learning dozens of facts about a business that might surprise you.

Bankruptcy Filings: EntityCheck Background Report

EntityCheck business background reports are the best solution for taking a deep dive into a company's information, standings, and public records. Using simple search criteria, you can produce a business background check, complete with court records, including bankruptcies, within minutes. Run unlimited nationwide bankruptcy filing searches on any company.

Some of the types of information you can find with EntityCheck include:

  • Secretary of State Filings
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Let EntityCheck take the guesswork out of finding court records, bankruptcies, and lawsuits by instantly providing you with a complete business background report at your fingertips.

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