How to Get Proof of a Discharged Bankruptcy

By Heather Frances J.D.

The bankruptcy discharge is typically one of the most helpful aspects of a bankruptcy case, since it legally erases the debtor's liability to pay certain debts. Debtors may need copies of the court-issued discharge to prove lack of liability to creditors even long after the bankruptcy case is closed, so copies are available from the bankruptcy court where the discharge was issued.

Copies Available in Court Papers

The bankruptcy court clerk is required to send each debtor a copy of the court's discharge order, along with copies sent to the creditors, trustee and attorneys involved. If the debtor loses this copy, he can request another copy from the court clerk, but the clerk may charge the debtor fees for searching in the court's records, making certified copies and retrieving the case file if it has been archived elsewhere. If it has been archived, it may take longer for the clerk to provide the copies.

Electronic Access

Federal courts, including bankruptcy courts, offer electronic filing for many current cases, so the court's discharge order may be available electronically. The electronic filing system, called PACER, is available to the public in court clerks' offices and online. The debtor must set up an account for access and must pay a fee for each page downloaded from the system.

Get a free, confidential bankruptcy evaluation. Learn More
Get a free, confidential bankruptcy evaluation. Learn More
How to See If a Bankruptcy Has Been Discharged
 

References

Related articles

How to File an Objection in a Bankruptcy Case

Bankruptcy is a legal process intended to give debtors a fresh financial start. When an individual files bankruptcy, creditors have opportunity to present proof of claim of money owed to them. The bankruptcy trustee and the debtor and creditors either settle the claims with the assets available, or present them for litigation before the bankruptcy court. Once the claims are resolved, the court discharges all remaining debts and the debtor can start anew.

Can Bankruptcy Stop a Civil Lawsuit?

One of your creditors is suing you, and you've been served with court papers. This lawsuit will cost you a lot to defend, and if the creditor wins, the judgment can put you under financially. The good news is that the automatic stay in bankruptcy stops most civil suits the moment you file for bankruptcy. However, depending on the type of suit it is, the bankruptcy court can lift the automatic stay to permit the suit to go forward.

Can an LLC Have Only 1 Member?

A limited liability company, or LLC, is a type of business structure that allows owners -- called members -- to avoid personal liability for the company's debts and obligations. Limited liability companies can also provide certain tax advantages. All 50 states and the District of Columbia allow the formation of single-member LLCs, but single-member LLCs may not have the same legal protections as multi-member LLCs.

Related articles

How to Find the Date a Bankruptcy Was Discharged

After the conclusion of your bankruptcy case, you will receive a bankruptcy discharge. A bankruptcy discharge signifies ...

How Can I Determine the Date of My Bankruptcy Discharge?

When you apply for credit after completing bankruptcy, such as a home mortgage or car loan, new lenders may want to ...

Are Bank Records Checked in Bankruptcy?

When you file for bankruptcy, the bankruptcy court will want to get an idea of your overall financial standing and ...

What Won't Be Dismissed in Chapter 7

In a Chapter 7 bankruptcy, often called liquidation bankruptcy, a debtor's non-exempt assets are sold to pay the ...

Browse by category
Ready to Begin? GET STARTED