InvestigationU

Federal courts

Finding Bankruptcy Filings

A bankruptcy filing is the most complete financial disclosure a person ever makes. Finding out whether one exists takes about two minutes and costs nothing.

Finding out whether they filed

Search the PACER Case Locator by party name, nationally, with case type set to bankruptcy. People file where they lived at the time, so a national search matters.

A free alternative exists: the Multi-Court Voice Case Information System answers by telephone at no charge, and confirms whether a case exists. Useful when you only need yes or no.

What the chapter tells you

ChapterWhat it isWhat it means for you
7LiquidationNon-exempt assets sold. Most consumer cases. Usually no assets to distribute
13Individual repayment planThree to five years of payments. Income and budget documented in detail
11Reorganisation, usually businessExtensive disclosure, monthly operating reports
12Family farmer or fishermanRare, and very detailed on equipment and land

Chapter 11 monthly operating reports are the richest recurring financial disclosure in the public record — bank balances, receipts, disbursements, month after month.

1

Check the status before anything else

Discharged, dismissed, converted or still open changes everything.

Dismissed means the case was thrown out and the debts were never discharged. Those debts are live and the schedules are a current list of assets.

Converted from 13 to 7 usually means the debtor couldn’t maintain payments — a solvency signal.

2

Buy the petition with schedules

One document, capped at $3 no matter how long. It contains Schedules A/B through J and usually the Statement of Financial Affairs.

That single purchase gives you accounts, property, vehicles, income, employer, creditors, co-debtors and recent transfers. Nothing else in public records comes close for the money.

See reading bankruptcy schedules for bank accounts.

3

Read the 341 meeting notice

Every case has one. It names the trustee and gives the meeting date.

The trustee has already examined the debtor under oath about exactly the things you want to know. In an asset case their reports are on the docket.

4

Look for adversary proceedings

Separate lawsuits filed within the bankruptcy. Objections to discharge, fraudulent transfer actions, disputes over exemptions.

An objection to discharge alleging concealed assets is somebody else asserting, on the record, that your debtor hid something — with the evidence attached.

5

Check the claims register

Every creditor who filed a proof of claim, with the amount and supporting documents. Those attachments include account statements, contracts and judgments.

It also identifies other creditors chasing the same person, who may be worth talking to.

6

Note the exemptions claimed

Schedule C lists what the debtor claims as exempt and under which statute. That tells you which state’s exemptions they believe apply, which tells you where they claim domicile.

An aggressive homestead exemption claim points at real property worth looking at.

What a discharge does and does not do

A discharge wipes the debtor’s personal liability for scheduled debts. It doesn’t remove a properly perfected lien, and it doesn’t cover debts that were never scheduled or that are non-dischargeable — certain taxes, most student loans, support obligations, and debts arising from fraud.

If your judgment is based on fraud, check whether it was ever properly scheduled and whether anyone objected. A discharge isn’t always the end of the road it appears to be.

Serial filers. Repeat filings are common. Each petition is a dated financial snapshot, and two petitions a few years apart give you a before-and-after on accounts, employment and address.

The enforcement side

Judgment Recovery: The Complete Enforcement Guide

From the first thirty days after judgment through the advanced enforcement methods most creditors never try — bank levies, garnishments, property liens, vehicle seizures, business asset enforcement, PACER and court record mining, unclaimed funds and state-by-state procedure.

See the book