How to See If a Bankruptcy Has Been Discharged

By Mary Jane Freeman

When a person applies for a new loan or refinancing after bankruptcy, it is common for some lenders to want proof of discharge. This can easily be established with bankruptcy records. You may obtain a copy from the bankruptcy court, the attorney in the case, or online.

Bankruptcy Process and Discharge

When individual debtors file for bankruptcy, their debts are discharged at the conclusion of their bankruptcy case. In Chapter 7 cases, a debtor's non-exempt assets are seized, and the proceeds are used to pay creditors. This is a short process lasting usually a few months, after which any remaining unpaid debts are discharged and the debtor is no longer legally responsible for them. In Chapter 13 cases, a debtor pays his debts with a repayment plan that lasts three to five years. As with Chapter 7, any unpaid debts left behind are discharged.

Confirming Discharge

The most common way to determine if a bankruptcy has been discharged is by obtaining a copy of the bankruptcy case file. Copies of this document may be obtained by contacting the bankruptcy court that handled the case or the bankruptcy attorney involved. Payment of a small fee may be required. These records can also be ordered online through the Public Access to Court Electronic Records (PACER) database for a minimal charge.

Get a free, confidential bankruptcy evaluation. Learn More
Get a free, confidential bankruptcy evaluation. Learn More
How Can I Determine the Date of My Bankruptcy Discharge?

References

Resources

Related articles

Is Bankruptcy Public Knowledge?

Unless you are famous or do something dramatic to make a splash, it is not likely that your bankruptcy filing will make front page headlines around the world. But bankruptcy filings are not secret either. They are public records, so anyone with sufficient motivation can learn the details about your bankruptcy filing.

What Is Open Bankruptcy?

A bankruptcy case that is currently underway is sometimes referred to as an open bankruptcy. In other words, an open bankruptcy is one that is not yet discharged. How long a bankruptcy case remains open depends on the type of case the debtor filed.

How to Determine the Value of a Car in Bankruptcy Proceedings

Bankruptcy allows debtors to get a fresh financial start by having many of their debts erased, or discharged, when the debtor successfully completes the bankruptcy process. Generally, a debtor must list his assets and their value, including the value of vehicles he owns. Court-appointed trustees typically want a reasonable, reliable valuation method rather than guesswork or a debtor's own estimate.

Related articles

How to Get Proof of a Discharged Bankruptcy

The bankruptcy discharge is typically one of the most helpful aspects of a bankruptcy case, since it legally erases the ...

How to Find Out if a Bankruptcy Filing Has Been Dismissed in Alabama

A dismissal ends your bankruptcy case and can have severe consequences. For example, if your bankruptcy case is ...

How to Get a Copy of a Will in the State of New Jersey

A will is a document created by a person that sets forth that person's wishes for the distribution of his property ...

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 ...

Browse by category
Ready to Begin? GET STARTED