Connecticut Court Records
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What are Connecticut Bankruptcy Records?
The State of Connecticut defines bankruptcy records as legal documents incorporating detailed financial information and other data about the organization or person filing for bankruptcy. Bankruptcy is a lawful procedure that aids people or organizations to pay off debts to creditors. Bankruptcy occurs in a federal court and is under the federal bankruptcy statute 11 USCA § 501 et seq.
The advantage of filing for bankruptcy is, it gives the person riddled with debts an opportunity to start anew. Additionally, after a person or business has filed for bankruptcy, creditors are generally no longer able to enforce the collection of debts or persist with mortgage foreclosure until the bankruptcy court resolves the case. The United States Bankruptcy Court, District of Connecticut, oversees bankruptcy cases in Connecticut.
The two common types of bankruptcy in Connecticut are Chapter 7 and Chapter 13. Bankruptcy cases that fall under Chapter 7 allow only individuals to file for bankruptcy. Filing a Chapter 7 bankruptcy petition will enable the person to erase evidence of debt. Most debts covered under the bankruptcy statute are personal loans, credit card bills, medical bills, and utility bills.
According to Chapter 13 of the bankruptcy statute, debtors may be allowed to repay creditors using a three to five-year plan. The court uses the bankruptcy statute to obstruct or prevent mortgage payments, closure of house, missed car fees, keep non-exempt belongings, pay back taxes, and avoid increasing interest on taxes.
What do Connecticut Bankruptcy Records Contain?
Connecticut bankruptcy records consist of:
- Gross income of the debtor
- Source and frequency of income
- Assets
- Bank accounts
- Properties
- Stocks
- A statement of monthly living expenses
- Businesses owned and invested by debtor and businesses debtor invested in
- List of creditors, addresses, the amount owed
- Record of every employee owed
The creditors listed are of two categories; secured creditors and unsecured creditors. Secured creditors are persons who backed up the borrowing with collateral and are of high priority. Examples of secured creditors are asset-based lenders and banks. On the other hand, unsecured creditors are creditors who did not request collateral while the debtor was borrowing money. Examples of unsecured creditors are hospitals and credit card companies, among others.
Are Bankruptcy Records Public Information?
Bankruptcy cases are also court proceedings, and all court proceedings are public information in Connecticut. Except when the court seals a record, all cases filed in a bankruptcy court are public information accessible by Connecticut citizens. Although it is unlikely for a judge to seal a bankruptcy record, it is still possible if public access threatens the debtor’s safety.
Records that are considered public may be accessible from some third-party websites. Such platforms operate independently of government agencies, which might help simplify the search process as they are not limited by geographic location. In addition, most third party sites offer intuitive tools that inquirers can use to find specific or multiple records. To obtain records, interested parties may need to provide some or more of the following:
- The name of the person involved in the record, unless said person is a juvenile
- The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.
Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.
How to Get Connecticut Bankruptcy Records
Interested persons can visit the National Archives and Records Administrator (NARA) to view and make copies of bankruptcy records in the State of Connecticut by sending a request. To apply for a bankruptcy record, interested individuals must provide the following data to the National Archives and Records Administrator (NARA);
- Name of the court that filed the case bankruptcy case
- Case number
- Names of each party on the case
- The time case was filed
- FRC transfer number
To obtain an FRC transfer number, contact the bankruptcy court that decided the case. If the court cannot get the transfer number due to the age of the case, note this in the request sent. The search is for free, and requestors should not send any fees credit card information. Designated staff members typically disclose applicable fees before making copies.
How do I Find Out if My Bankruptcy Case is Closed in Connecticut?
To inquire if a bankruptcy case is closed, visit the National Archives and Records Administrator (NARA) to retrieve closed business or personal bankruptcy records in the state of Connecticut. To proceed, contact the court to provide the appropriate location of the files. Order, download, or print copies of the court records online or mail the filled Court Records Order form to NARA.
Can a Bankruptcy be Expunged in Connecticut?
Filing for bankruptcy as a business or individual is not a violation or a criminal offense of the law, and the court cannot expunge the action. The bankruptcy record generally remains on the person’s credit report for at least seven to ten years, depending on the chapter of bankruptcy filed.
Bankruptcy cases that fall under Chapter 7 are cleared in ten years because the debtor does not pay the debts. Bankruptcy cases that fall under Chapter 13, on the other hand, may be deleted in seven years because the debtor repaid part of the debt. However, if an individual needs to remove a bankruptcy record from a credit report quickly:
- Check for bankruptcy errors in the credit card report
- Use a credit dispute letter to call attention to the incorrect bankruptcy entries
- Forward a procedural letter of request to the credit bureaus
- Inquire from the court on bankruptcy verification
- Make a motion to remove the bankruptcy files