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Pacer BK records retension

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    Pacer BK records retension

    How long do bk 13 records remain in the Pacer system? I will be filing in AZ. Just curiuos. I notice that anyone can pay a few dollars to any background check company or do it on-line and get your bk history. I assume its coming out of Pacer. Does it go by state, district? I heard it remains on for 20 years. Can that be legally chalenged?

    Thanks,

    Rob

    #2
    There will always be a permanent record of you filing BK. As for PACER, not really sure how long it actually stays, but I don't think they ever delete the file.

    There is no legislation I know of that gives you the option to expunge your bankruptcy.

    But, big picture, it is not going to be a problem for you. Bankruptcy is not the stigma it once was.

    Comment


      #3
      The issue would also depend on whether on the type of search you could reasonable expect someone to do on you. If an employer pulls a credit report, they won't see the bankruptcy after it rolls off. If they do a criminal check, it wouldn't show up because it's a civil matter. If they do a civil check, then they could find it - but if it's so old that it's not on your credit report, then you've presumably got a decade of positive history to show you've changed.

      If they're going to do a deeper background check, then they are probably going to ask the BK question in a vetting process anyway.

      If it's someone doing a search for giggles because they can - well, they have to know about Pacer in the first place or be willing to fork over some bucks to a search company. How many of us would have known to check it out before we contemplated filing BK and started surfing here? How many folks are interested enough in your life to cyber-stalk you and then actually do something with the info they found?

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        #4
        BK information is permanent in that it is public information just like marriage licenses, birth records, arrests, etc., etc. Once it is off your credit reports (10 years after filing a Chapter 7, 7 years after filing a Chapter 13), you don't have too much to worry about. However, in the filing systems and online informational systems for the courts, it will probably always be searchable as it is permanent so if someone knows how to get on there and do it, they will find your information IF they wanted to. BK is not as big an issue as it once was; however, do not lie about it if asked during a future employment interview or on an employment application if you have "ever" filed bankruptcy or asked the similar during any other financial process. It can easily be found and then you would be caught in a lie.

        Also, if your BK has ever been reported in the newspaper, it is out there in internet land if your name is googled/researched online. How long that stays out there is anyone's guess.
        _________________________________________
        Filed 5 Year Chapter 13: April 2002
        Early Buy-Out: April 2006
        Discharge: August 2006

        "A credit card is a snake in your pocket"

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