Everyone and their mother want to know how their neighbors and friends are doing financially. It seems that in these tough financial times the new car in the garage and the dream house do not truly reflect the true financial situation of those around you. Sometimes it is simple curiosity and people just want to know! Others have a financial stake in the matter, such as knowing if it is prudent to lend money or it is used as a reason to determine whether to provide employment.
Bankruptcy attorneys in Miami are bound by the rules of ethics and confidentiality and cannot disclose if someone is their bankruptcy client, has been their client or has filed bankruptcy unless that person provides explicit instructions to their attorney. It is difficult if not impossible to justify a reason why a client would want their financial information disclosed. So how can the ordinary layperson find out if their friends, relatives or business associates have filed for bankruptcy? What if you want to lend money to a relative or provide employment to someone at your small business and want to know the financial history of the person?
Before that question is answered, it is necessary to point out that there is nothing wrong with filing bankruptcy. It is the inherent right of every resident, of every citizen, to a fresh start, if the bankruptcy laws permit that person to file. There are also as many reasons to file bankruptcy as there are color variations. There is also no good or bad reason to a bankruptcy filing. It is a choice that is made based upon consultation with counsel and based upon the current financial situation of that person at the time the bankruptcy was filed. The person’s current situation may be totally different today than it was at the time they initially filed bankruptcy.
For those that must know, there is the PACER system employed by the bankruptcy courts which provides the basic bankruptcy information. It is a public records website where, after registration, private parties and ordinary citizens input the person’s name in the district that the person resides. Of course, a social security number for the name requested would help as some people have common names. Once the name is provided, a list of people with that name will be provided to the user. It is up to the user to solicit additional prompts to elicit additional facts and information associated with the bankruptcy filing. Credit reports may also provide another way of researching if a person has filed bankruptcy. Credit reports may sometimes only show dates and case numbers, are less detailed, and may not be pulled by anyone unless there is a contractual future employment relationship between the parties seeking the information.
In most cases, registering and then searching for a person in the PACER system is a simple process. You may want to contact an experienced bankruptcy attorney if you have a legal matter or dispute that needs comprehensive factual research. Many times in the bankruptcy world of attorneys, the language and jargon of bankruptcy law contained in the PACER docket is difficult to comprehend. An experienced Miami bankruptcy attorney can assist you in obtaining the necessary bankruptcy information you may need. Call our office at (305)820-0334 or write us at [email protected] if you need our assistance.