Need some expertise....

[ThatOhioGuy]

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Is there any procedure available so that a filing for Chapter 13 is sealed and not released to the public? I am trying to keep such a filing out of the local papers since it will damage my ability to gain further employement. Of course, I would reveal the fact that I am in Ch. 13 to any employer but need to keep it under wraps in such a small community.

[HHM]

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Is there any procedure available so that a filing for Chapter 13 is sealed and not released to the public? I am trying to keep such a filing out of the local papers since it will damage my ability to gain further employement. Of course, I would reveal the fact that I am in Ch. 13 to any employer but need to keep it under wraps in such a small community.

Um, generally no. Incidently, why would it end up in the papers. At least in my area BK's are "not" published as a matter of course.

[ThatOhioGuy]

It's different here in Ohio

Um, generally no. Incidently, why would it end up in the papers. At least in my area BK's are "not" published as a matter of course.

Thanks for the response. Here in Ohio BK's are regulary published as part of court news along with other docket entries. I'm trying to find something in the language of the 13 legislation or some precedent that would allow me to proceed without it appearing in the papers. Asking the court to keep my name sealed seems to be my only option. I'm being forced into 13 after a local bank claimed a false lien of 20K on my property. They delayed the mortgage process six months and now I seem to have no options but 13. If my name appears in the papers it will seriously impair my ability to seek employment in my specific (and narrow) areas of expertise. Any guidance would be appreciated.

[HHM]

Thanks for the response. Here in Ohio BK's are regulary published as part of court news along with other docket entries. I'm trying to find something in the language of the 13 legislation or some precedent that would allow me to proceed without it appearing in the papers. Asking the court to keep my name sealed seems to be my only option. I'm being forced into 13 after a local bank claimed a false lien of 20K on my property. They delayed the mortgage process six months and now I seem to have no options but 13. If my name appears in the papers it will seriously impair my ability to seek employment in my specific (and narrow) areas of expertise. Any guidance would be appreciated.

Yeah, I think you are going to be out of luck, about all you can do is make a motion to the court to seal the proceedings and present your case to the judge and he/she will either agree or disagree. I don't know of any specific procedure to seal BK records (but then again, I have never had to try it either). BK's are necessarily public records. Given the remedy that is being asked for in a BK, the over-riding principle is that everyone is put on notice that you are filing BK.

[Finny]

I filed Chapter 13 in 2001. The case was Discharged in June 2004. Now, 9 months later, the Loan Service that holds the deed to our house is claiming they did not receive enough money and have filed a Motion with the Court to reverse the Discharge and Dismiss the Bankruptcy instead. Can they do this. They accepted and cashed the payment made to them by the Trustee without objecting thus far. Is there a time limit they have to Oject? We filed this Pro Se. We do not have the money to go to an attorney so I am praying you can give me some answers or information I can use in filing my Objection to their Motion.