Legal Question in Bankruptcy in Minnesota

confidentiality

Hello,

I have co-signers on a few of my loans. I intend to pay them off, but do not want those creditors notifying my co-signers that I'm going bankrupt. Is there any way of avoiding this?

Also, how can one keep their name from being published in any newspapers, magazines, publications or public info if I go bankrupt? Who reports this embarassing information, and how can it be avoided?

Thanks for any help!


Asked on 1/29/02, 5:04 pm

1 Answer from Attorneys

Andrew Nichols Law Office of Andrew B. Nichols

Re: confidentiality

Short answer -- Since bankruptcy is a matter of public record there isn't really a way to keep a filing confidential.

Basically with respect to your first concern, the credit card companies (assuming this is the type of debt at issue) key their database(s) on account numbers. It has been my experience that a great many of these creditors are not sophisticated enough (or maybe their lazy)to pursue co-signers. It seems as if once the account number is coded in their system as a bankruptcy the account recedes into the "Blackhole" of charged off debts. However, if you file I don't know of a way to prevent a creditor from contacting your co-signers if they choose to do so.

The internal policies of newspapers is equally unpredictable. Again bankruptcy filings are a matter of public record and this information can now be accessed often over the internet. I know the Star Tribune publishes bankruptcy filings in the business section BUT ONLY FILINGS THAT RELATE SPECIFICALLY TO A BUSINESS. Personal filings are not listed unless a person is operating a small, non-incorporated business. Generally small rural papers are more apt to print personal filings.

You state the disclosure is embarrassing and I can understand that but only to a degree. How embarrassing can it be when millions have been economically effected by 9/11, the recession, and the blunders and mismanagement of Kmart, Enron, Fingerhut, Sun Country .... The list goes on and on. These corporate bankruptcy filings are front page news. Please read my firm philosophy. ph. (612)677-0161

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Answered on 1/29/02, 11:12 pm


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