Does Your Name Go in the Local Paper when You Become Bankrupt? (2024)

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Regardless of the circ*mstances surrounding your bankruptcy filing, you may be unable to keep the news of your insolvency from spreading. In many communities, the stigma surrounding bankruptcy is powerful and may linger for years. The social stain of bankruptcy may last longer than its practical effects, which can include limited access to credit and high interest rates on credit cards and personal loans. If you're thinking about filing for bankruptcy and worry about its potential to harm your reputation, you'll need to keep a few things in mind.

First, bankruptcies nearly always become part of the "public record." As time goes on, your bankruptcy's legal file will grow to include pertinent financial records, copies of sworn testimony, court records, and other information that pertains to your case. Once your debts have been discharged and your bankruptcy proceedings are dissolved, law enforcement personnel and potential employers may view these records. In addition, a record of your bankruptcy will appear on your credit report for 5 to 10 years after your filing.

Your creditors have a vested interest in your bankruptcy proceedings. Accordingly, they'll each receive a written notice of your filing and will be invited to participate in the proceedings.

In certain circ*mstances, this might cause word of your filing to spread among your neighbors. For instance, you might have defaulted on a loan issued by the community bank at which several of your acquaintances work. Once they become aware of your situation, it's unlikely that they'll be able to keep it a secret.

In addition to the verbal rumor mill, news of your bankruptcy may spread through print media sources. If you own your own business or your filing involves valuable assets, information about your filing may be printed in the trade reports that bankers receive regularly. These can be distributed nationally and may contribute to the continued spread of rumors surrounding your bankruptcy.

However, it's unlikely that your name will be printed in your local retail newspaper. As most bankruptcies involve relatively small pools of cash and assets, media outlets don't treat them as newsworthy. The chances of your financial misfortune becoming an official news item will increase if you live in a small, tight-knit town or occupy a prominent position in your local business community. Even so, you'll be far more likely to see your name in your local paper after you're arrested on an impaired-driving charge.

Disclaimer

This article contains general legal information but does not constitute professional legal advice for your particular situation. The Law Dictionary is not a law firm, and this page does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

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Does Your Name Go in the Local Paper when You Become Bankrupt? (2024)

FAQs

Does Your Name Go in the Local Paper when You Become Bankrupt? ›

However, it's unlikely that your name will be printed in your local retail newspaper. As most bankruptcies involve relatively small pools of cash and assets, media outlets don't treat them as newsworthy.

What goes away when you file bankruptcies? ›

One of the most impressive aspects is that bankruptcy stops most lawsuits, wage garnishments, and other collection activities and eliminates many debt types, including credit card balances, medical bills, personal loans, and more. But it doesn't stop all creditors or eliminate all obligations.

Do bankruptcies show up on background checks? ›

An employment background check will not reveal whether or not you have a bankruptcy in your past. Credit Background Check – Bankruptcies are a matter of public record.

What happens to your stuff when you file bankruptcies? ›

A common concern of our clients is whether they will lose their possessions if they file for Bankruptcy. The answer to that question is quite simply, generally no. The Bankruptcy Trustee or your creditors will not take the clothes off your back or the majority of your household goods and other possessions.

When you declare yourself as bankrupt you are filing for? ›

Bankruptcy cases happen in federal court

Bankruptcy is governed by federal law, not California law. This guide provides basic information and resources, but there are no specific California state forms and you don't file with your county court, as you might for other legal matters.

Why should you not file for bankruptcies? ›

Credit Will Be More Expensive and Limited. After declaring bankruptcy, you'll have to work hard to raise your credit score. You will likely face limited access to credit and very high interest rates until you can rebuild your financial reputation.

Can you spend money during bankruptcies? ›

During bankruptcy, it's important to distinguish between necessary expenses and luxurious purchases. While you are allowed to spend money on essential items such as housing, utilities, food, and transportation, extravagant expenses might be scrutinized by the bankruptcy court.

Do bankruptcies ever get denied? ›

The “fresh start” that Chapter 7 bankruptcy promises people who have more debt than they can pay, is not guaranteed. Chapter 7 bankruptcy may be denied, possibly for reasons that don't have anything to do with whether you are qualified.

What happens if you lie during bankruptcies? ›

The consequences of engaging in criminal bankruptcy fraud can be harsh. Anyone who makes a knowingly false statement in association with a bankruptcy filing can be assessed fines up to $250,000 and receive up to 20 years in prison. Learn more in Bankruptcy Fraud Consequences and Penalties.

Can a job not hire you because of bankruptcies? ›

Thus, an employer in California may not fail to hire a prospective employee, nor terminate a current employee, for filing bankruptcy.

Can you withdraw money before filing bankruptcies? ›

The intent of hiding your money from the bankruptcy trustee through bank withdrawals is considered bankruptcy fraud. You are putting your bankruptcy case at risk. Aside from losing your discharge, you may even be prosecuted for your crime.

Do you have to pay taxes after bankruptcies? ›

Personal: You are still required to file personal income tax returns after filing for bankruptcy. Your bankruptcy representative may also be required to file estate fiduciary tax returns. Business: The business is still required to file tax returns after filing for bankruptcy.

What is the consequences of personal bankruptcies? ›

Bear in mind that a bankruptcy will remain on your credit record for seven or 10 years and make it difficult to borrow in the future. Bankruptcy can also mean higher insurance rates, among other negative consequences.

Does income matter when filing bankruptcies? ›

People of all income levels can file for bankruptcy. However, Chapter 7 income limits exist, and the amount you earn often determines whether you must file for Chapter 7 or Chapter 13 to wipe out qualifying debt.

Is it cheaper to file Chapter 7 or 13? ›

What Is the Cheapest Type of Bankruptcy? Not only are the fees of Chapter 7 bankruptcy lower, but you also end up paying less to your creditors. While Chapter 7 only requires that you pay the value of your liquidated assets, a Chapter 13 bankruptcy could result in you paying far more over three to five years.

What can you not do after filing Chapter 7? ›

That being said, here's what you're not allowed to do with a Chapter 7:
  • Lie under oath about your financial or property assets.
  • Keep property that must be used to discharge your debts.
  • Miss payments to certain creditors in order to keep your home.

What gets cleared in bankruptcies? ›

Bankruptcy automatically clears you of the responsibility to pay a mortgage, car loan, or secured debt. Bankruptcy doesn't remove a lien, allowing the creditor to take property if you don't pay.

What debt is erased with bankruptcies? ›

Loans, medical debt and credit card debt are generally all able to be discharged through bankruptcy. Tax debt, alimony, spousal or child support and student loans are all typically ineligible for discharge.

Can creditors come back after bankruptcies? ›

Debt collectors cannot try to collect on debts that were discharged in bankruptcy. Also, if you file for bankruptcy, debt collectors are not allowed to continue collection activities while the bankruptcy case is pending in court. If a debt collector calls and you have filed for bankruptcy, tell the debt collector.

Does Chapter 13 wipe out all debt? ›

Whether it's a Chapter 13 or 7 or 11, no bankruptcy filing eliminates all debts. Child support and alimony payments aren't dischargeable, nor are student loans and most taxes. But bankruptcy can eliminate many other debts, though it will likely make it harder for you to borrow in the future.

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