Generally, bankruptcy filings are matters of public record in Arizona. This means that if you file for bankruptcy, members of the public can access information about your case, including your petition, meeting of creditors, and case status, unless an exception applies.
These records are available electronically through the Public Access to Court Electronic Records (PACER) system and by visiting the United States Bankruptcy Court for the District of Arizona (11 U.S.C. § 107(a)). Most people do not know how to navigate this system. They must further know your social security number or specific case number to search for your case.
If you have any questions about bankruptcy, please contact Stone Rose Law at (480) 739-2448.
Bankruptcy records include documents such as court dockets, hearing transcripts, claims registers, case pleadings, and orders. These records may contain information including:
Members of the public can access bankruptcy records in several ways:
Certain personal identifiers are protected from public disclosure, including:
These protections are governed by Federal Rule of Bankruptcy Procedure 9037 and local rules. Additionally, discovery materials are not filed with the court except for notices of service (Local Rule 5005-1).
In limited circumstances, a bankruptcy judge may order records sealed. Under 11 U.S.C. § 107(b), the court may protect:
Motions to seal must be filed with the bankruptcy court (Local Rule 5005-6). Sealed materials are still accessible to court personnel and remain part of the official case record.
Bankruptcy records cannot be expunged under federal law. Even if sealed, the records remain part of the court docket.
Although bankruptcy records are public, relatively few people seek them out.
Creditors already have access, and most employers, landlords, or lenders rely on credit reports rather than direct court records.
The public nature of bankruptcy primarily reflects the fact that bankruptcy is a federal court proceeding.
If you have concerns about the kind of personal and financial information that may become public records if you file for bankruptcy or want to know what bankruptcy-related court documents can be kept from public access, call Stone Rose Law at (480) 739-2448 or use our contact form to speak with an experienced Arizona bankruptcy lawyer.