wewe Posted April 25, 2013 Report Share Posted April 25, 2013 If we file chapter 7 is there any way my family can find out about it? None of them lives in the same county, but some within 30 miles. Link to comment Share on other sites More sharing options...
admin Posted April 25, 2013 Report Share Posted April 25, 2013 @wewe - I doubt it. Link to comment Share on other sites More sharing options...
wewe Posted April 25, 2013 Author Report Share Posted April 25, 2013 Even tho my dad gets the business review papers, and the legal news? Link to comment Share on other sites More sharing options...
admin Posted April 25, 2013 Report Share Posted April 25, 2013 @wewe - I'm not sure if they publish bankruptcies publicly but they might to allow creditors to have a chance to protest the BK. I'd ask your court about this. Link to comment Share on other sites More sharing options...
Seadragon Posted April 25, 2013 Report Share Posted April 25, 2013 I believe Bankruptcy proceedings are not disclosed. Hiding this from your family will be easy However, it will be on your credit report for a while. You can make a motion in BK to seal the proceedings. Celebrities do this all the time. also in the motion a gag order would be appropriate. However, if your family members owe you money you will have to disclose that and the trustee can inquire into it. Also if they are in possesion of any of your assets they will also have to disclose the nature of it. so if you are trying to keep things from your family you will have to take some steps to seal the proceedings, However I believe that a notice in the paper is mandatory so parties receive notice Link to comment Share on other sites More sharing options...
bingo Posted April 25, 2013 Report Share Posted April 25, 2013 However I believe that a notice in the paper is mandatory so parties receive notice Creditors are notified by the bk court when you file. There is no requirement for the information to be published in a newspaper. A few papers will publish bk filings but the majority don't. None of us have any way of knowing if, the papers your father reads publishes bk filings. A bk is, a public record. If anyone wishes to regsister for a pacer account, and they enter your name it'll pop up along with all of the schedules you filed with your bk. Link to comment Share on other sites More sharing options...
wewe Posted April 25, 2013 Author Report Share Posted April 25, 2013 Thank you to all. This is a really hard decision, but I'm afraid unavoidable, and I'm just putting it off as long as I can. Link to comment Share on other sites More sharing options...
nascar Posted April 25, 2013 Report Share Posted April 25, 2013 If we file chapter 7 is there any way my family can find out about it? None of them lives in the same county, but some within 30 miles. Bankruptcy filings are a matter of public record, available on PACER. Link to comment Share on other sites More sharing options...
admin Posted April 25, 2013 Report Share Posted April 25, 2013 @nascar - don't they publish them? Link to comment Share on other sites More sharing options...
nascar Posted April 25, 2013 Report Share Posted April 25, 2013 Sure. Orders in bankruptcy cases, adversary proceedings, etc., are often published. But PACER has all the dirty laundry. Link to comment Share on other sites More sharing options...
admin Posted April 25, 2013 Report Share Posted April 25, 2013 Sure. Orders in bankruptcy cases, adversary proceedings, etc., are often published. But PACER has all the dirty laundry. But I think the original poster was asking if the BK could be discovered just by reading local publications. Link to comment Share on other sites More sharing options...
bingo Posted April 26, 2013 Report Share Posted April 26, 2013 But I think the original poster was asking if the BK could be discovered just by reading local publications. [/quote It depends if the local paper chooses to publish bk's. The vast majority don't. My local paper publishes Chapter 11 filings {business bk's} and sales tax leins in the Sunday business section. Link to comment Share on other sites More sharing options...
wewe Posted April 26, 2013 Author Report Share Posted April 26, 2013 OK, I don't think our local paper publishes BK's, but when you say orders in BK's, adversary proceedings, etc, do you mean only if it is ordered, and if we request the BK be sealed, then that would not be published. I understand it would still be in PACER, any other places? And does this go on record in the county it was filed? Could we file in another county? Link to comment Share on other sites More sharing options...
bingo Posted April 26, 2013 Report Share Posted April 26, 2013 There is no such thing as having a bk sealed. If that were the case, Burt Reynolds, John Connally {former Treasury Sec}, Bowie Kuhn {former commissioner of Major League Baseball} and a host of other notables who'ved filed bk would have filed under seal. The only privacy you have is, your ss# is redacted on pacer. This is a non issue you're worrying about. Just file and be done with it. 1 Link to comment Share on other sites More sharing options...
despritfreya Posted April 27, 2013 Report Share Posted April 27, 2013 Bingo's posts are right on.Was just perusing Dionne Warwick's most recent filing (she has 2) a couple of weeks ago on PACER. So. . . nope, not under seal. However, settlement agreements or documents containing proprietary information or matters of a sensitive nature can be placed under seal upon Court Order. . . but not the entire case - at least I have never seen such happen.Publication in a newspaper of general circulation is usually limited to Chapter 11 cases due to cost of publishing and/or the sheer volume of filings.Recording of bk info at a County Recorder typically only happens when real property is involved as an asset of the estate and the Trustee wants to make sure the "world" knows about it.Des. Link to comment Share on other sites More sharing options...
admin Posted April 27, 2013 Report Share Posted April 27, 2013 @wewe - after reading the comments, I think you are safe. Link to comment Share on other sites More sharing options...
wewe Posted April 27, 2013 Author Report Share Posted April 27, 2013 Thank you so much for the great info. I feel a bit better now. I did just receive yesterday, a notice to appear for a settlement pretrial conference in sept., and then a civil bench trial in late sept. The court did order mediation, which was done last week, without a settlement. They had no proof of the debt, nothing at all from the plaintiff, no documents whatsoever, but they tried their best to convince me, they could get it for a trial. And even tho they may not have every statement, they told me a couple of old statements would be enough proof for the judge. So, I was all set to sign a monthly payment agreement, and found it it was classified as a consent judgement, which I said I did not want on my record. At that point I think the rent a lawyer was sick of me, and just said fine, we'll see you in court. So. . . . . I guess it will go to court in Sept., but I guess I will have to file BK before then. How long should I wait to file BK, and is there any chance the plaintiff may back out because of no proof. I really don't want to file BK, if there is a chance they may bag it. Thanks again for all of your insight. Link to comment Share on other sites More sharing options...
bingo Posted April 27, 2013 Report Share Posted April 27, 2013 None of us can tell you what plantiffs lawyers may or may not do. Don't understand the question about how long you should wait to file. Even if you lose the lawsuit, you can discharge the underlying debt in bk and then, your lawyer can file the necessary paperwork to vacate the judgment. Generally speaking, the best time to file is when it will be to your advantage. You want to be sure you have a minimal safety net. After all, you still need to support yourself post bk. Do you have a job that offers health insurance benefits? Do you have assets you need to protect? How much debt are you going to discharge? Most bk lawyers give a free or lowcost initial consultation. SPeak with a few and see what they say? Link to comment Share on other sites More sharing options...
wewe Posted April 28, 2013 Author Report Share Posted April 28, 2013 Yes, my husband has a job that offers health ins. The only assets we have are a house with no equity in it, and 2 cars, 11 and 13 years old. So pretty much nothing. We will probably be discharging about 100,000. But we currently have about 70,000 that has been charged off. I am the one being sued for 19,000, which was 9,000 at the time we weren't able to pay any longer. My husbands name is not on the card. I'm guessing, it's only a matter of time before the other 3 cards come after us. I guess the thing I'm worried about the most is getting a judgement against me. I really don't want that on my record. It's FIA that is suing me for BOA. Uggghhh, I really hate this, but feel backed into a corner. I truly plan to repay these. . . . someday down the road. Thanks again for your input, this sight has been extremely helpful. Link to comment Share on other sites More sharing options...
bingo Posted April 28, 2013 Report Share Posted April 28, 2013 For $100K worth of cc debt. I'd start consulting bk lawyers and just pull the trigger. No need dragging this out. Link to comment Share on other sites More sharing options...
admin Posted April 29, 2013 Report Share Posted April 29, 2013 I agree. BK was written for people in your situation. Link to comment Share on other sites More sharing options...
nascar Posted May 5, 2013 Report Share Posted May 5, 2013 I truly plan to repay these. . . . someday down the road. Why? The lenders made an investment that didn't pay off. There's nothing more to it than that. If you lose money on your investments, does anyone offer to pay you back? The law provides a method for you to wipe the slate clean and start over. If you and your family will benefit by filing bk, don't let anyone make you feel bad about doing it. 2 Link to comment Share on other sites More sharing options...
wewe Posted May 9, 2013 Author Report Share Posted May 9, 2013 OK, I guess I'm headed down that path, even tho I still feel sick about it. But now my question is: we owe the IRS about 19,000 for auditing of 3 years of taxes filed. Will this be discharged, and is there any way to get that total sum down if it won't be discharged? I'm assuming we swill still be able to keep our home, (no equity in it), and our cars, 11 and 13 years old? Link to comment Share on other sites More sharing options...
WhoCares1000 Posted May 9, 2013 Report Share Posted May 9, 2013 If you are going to pull the trigger, you need to talk to a lawyer. This is especially true regarding IRS debt as there are some crazy rules regarding that. Link to comment Share on other sites More sharing options...
numbersguy Posted May 11, 2013 Report Share Posted May 11, 2013 OK, I guess I'm headed down that path, even tho I still feel sick about it. But now my question is: we owe the IRS about 19,000 for auditing of 3 years of taxes filed. Will this be discharged, and is there any way to get that total sum down if it won't be discharged? I'm assuming we swill still be able to keep our home, (no equity in it), and our cars, 11 and 13 years old? Generally taxes owed are not discharged in BK. Usually only those debts older than 3 (maybe 4 yrs?) and the IRS hasn't done anything to try to collect. I believe there are 4 or 5 conditions that must be met in order for taxes to be discharged. It doesn't sound as if this is the case in your situation but check with a BK lawyer. Link to comment Share on other sites More sharing options...
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