Bankruptcy Records guide
 

Bankruptcy Records

Open Book Records Opens Door To Fraud

In today’s electronic age, it is easy to learn of someone’s financial habits simply by searching records available online. While meant as a warning to potential creditors or business investors about a person’s personal financial history, the open book of records also places them at risk for potential identity fraud. When a person files for bankruptcy, whether Chapter 7 or 13 for personal or Chapter 11 for business reorganization, every part of records become open to the public as a public record. Following a there is a waiting period of several years before that person can file again, credit may be attainable and some fraudsters will use the information in the records to take out loans in that person’s name. While many claim this lack of privacy is a hindrance to the bankrupt, other say that when they failed to meet their financial obligations, they gave up their right to privacy. Additionally, the person’s records will become part of their financial history, affecting their credit report for several years, influencing the interest rate they must pay on future loans considerably higher than loans for people without the stigma of a on

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their record. Open Records Add To Embarrassment For many, become the only option when their financial obligations exceed their ability to pay and there appears to be no other choice but to start over again. A court can release a person from debt with the hope they will use it as a learning experience to get their financial house back in order. The court maintains records on every person or business, which will be open for any curious person to review. Not only are the records designed to be warning for others against future dealings, they are meant to be an embarrassing reminder to the debtor that they need to pay their bills on time. Even though in recent years the stigma of records has not been as severe to those going through the process, it can still create personal embarrassment. It is this level of embarrassment that many creditors see as retribution for failure to pay the bills and the records are a part of that embarrassment. Knowing they are open to friends, relatives and employers may prevent all but those without absolutely no recourse from filing for bankruptcy. While individuals see this as a violation of their privacy, the unpaid creditors claim they lost their privacy when they quit paying their bills.

 
 
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