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You are here: HOME>GEORGIA BANKRUPTCY LAW QUESTIONS>WILL NOTICE OF MY FILING BE PUBLISHED IN THE NEWSPAPER?

Will the Clerk of Bankruptcy Court for the Northern District of Georgia Release Information About my case for publication in the Newspaper or to my employer?
 

Although bankruptcy filings are a matter of public record, it is very unlikely that any information about your particular filing will appear in the newspaper.  In 2008, for example, the Clerk of Court for the United States Bankruptcy Court Northern District of Georgia reported total filings of 39,214 cases.  This works out to over 3,267 cases filed per month.  Therefore, unless your case has some celebrity value, newspapers and other media outlets simply do not have the space to publish information about bankruptcy filings.

In addition, recent federal government privacy rules have also been applied to cases filed in the United States Bankruptcy Court for the Northern District

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of Georgia.  Your Social Security number is now blacked out as are the names of minor children, and criminal penalties apply against individuals who might misuse your personal information.

Similarly, the Northern District of Georgia Bankruptcy Court clerk does not notify your employer about your bankruptcy case filing.  However, if you choose to file a Georgia Chapter 13 bankruptcy, you will be required to fund your repayment plan with a payroll deduction order, which means that your employer’s payroll office will be notified about your case.

Your case name and number will be reported to the three main credit bureaus - Experian, Equifax and Trans Union.  These agencies collect information about bankruptcies and include this information in credit reports.  Therefore, if you are applying for a job that requires you to provide access to your credit report, your bankruptcy filing will appear.

Because Chapter 7 and Chapter 13 bankruptcy filings are public records, you should be aware that there are scam artists out there who will buy lists of bankruptcy debtors and attempt to use this information for illegal or unethical purposes.  For example, my Bankruptcy Law Network colleague Adrian Lapas recently reported that some of his clients have been receiving a document entitled “Notification of Debt Relief and Loan Modification” from a called First American Debt Solutions.  This document wrongfully advises recipients that their bankruptcy cases have been dismissed and directs readers to call First American.  One of the Chapter 13 trustees in the Northern District of Georgia circulated Adrian’s blog post to lawyers who regularly practice in the Atlanta area advising us to warn our clients about this type of foreclosure relief or loan modification scam. 

In general, since so many people file Chapter 7 or Chapter 13 in the Northern District of Georgia, most bankruptcy filings are not newsworthy events. 

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