How Private Will My Bankruptcy Be?

Can a Bankruptcy Attorney in Texas Keep Your Bankruptcy Discrete

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In Texas, and probably in other parts of the country, the idea of going bankrupt is usually not one that individuals want to advertise. In fact, the fewer people who know about your bankruptcy, the better. So is it possible to go through bankruptcy discretely? Ask any bankruptcy attorney in Texas, and you might find out that this is one of the most common questions they are asked.

Another thing that your bankruptcy attorney may tell you is that filing bankruptcy can never be kept completely confidential. This is because the Federal Rules of Bankruptcy Procedure mandate that notice of your bankruptcy case must be sent to every individual and business owed, and a notice of the bankruptcy also must be displayed in a newspaper, in order to notify any others that might also be owed.

Even though those are the rules, and bankruptcy is legally a matter of public record, there have been so many bankruptcy filings over the past few years that many newspapers have stopped reporting on them. With millions of people filing for bankruptcy, if your case is not newsworthy in some way, it may never appear as a story in the newspaper.

You will have to tell all of the people and businesses that you owe money to about your bankruptcy. This notice also informs them that they cannot try to collect from you any more. If your friends and family members are not on this list, they will not be notified about your bankruptcy, especially not by your bankruptcy attorney in Texas.

There are only three circumstances where you will have to inform your employer about your bankruptcy. First, if you owe a debt to your employer, you have to notify them. Next, you will have to tell them if you file a Chapter 13 bankruptcy and you want them to withhold payment on your bankruptcy plan from your wages. Finally, you will have to tell your employer if they are under a court order to garnish your wages.

Legally, your bankruptcy is public, so anyone can contact the court and find out about your case. To do this people can either call into the automated court answering system for basic case information or use PACER, the Public Access to Court Electronic Records to get information from the Internet. Individuals have to register to use PACER, and there is an access fee for every page. The best way to prevent people from using these public access systems is to keep quiet about your bankruptcy case.

by: Sue McCrossin

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