Michigan Court Records
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What are Michigan Bankruptcy Records?
In the State of Michigan, bankruptcy records are official documents containing financial information on businesses and individuals who filed for bankruptcy. These documents incorporate assets, properties, income, bank accounts, sources of income, stocks, every company that has been owned or invested in. Bankruptcy is a legal instrument used to help individuals and corporations get relief from debt.
The state of Michigan has two different bankruptcy districts; Eastern and Western districts. Each district has several court locations helping multiple geographical areas. There are different types of bankruptcy, but the most common types of bankruptcy in Michigan are Chapter 7 and Chapter 13. Chapter 7 is called liquidation bankruptcy and involves selling some properties to pay off unsecured creditors in exchange for a new start. Chapter 13 only allows sole proprietors to file for this type of bankruptcy. It is a reorganization bankruptcy for debtors with a standard salary, which is enough to pay back a portion of the debts via a repayment plan.
Additionally, there are two types of creditors; secured creditors and unsecured creditors. Secured creditors are typically backed by collateral, such as mortgage owners/institutions, tax agencies, and leasing companies. In contrast, unsecured creditors are businesses or individuals without collateral or specified assets, such as landlords, hospitals, or credit card companies. The state of Michigan allows the general public access to bankruptcy records.
What do Michigan Bankruptcy Records Contain?
The State of Michigan bankruptcy records contains official documents involving thorough financial and other information on businesses and individuals who filed for bankruptcy. Information held within a bankruptcy record includes:
- Assets
- Properties
- Income
- Bank accounts
- Sources of income
- Stocks
- Details of every employee owed.
- List of every creditor, both secured and unsecured, with the amount owed and personal information about creditors.
- Every business that the party either owned or invested in.
Are Bankruptcy Records Public Information?
According to Michigan Legislature - Section 600.5451, the general public is allowed to view all bankruptcy records in the state of Michigan unless the court has sealed the records. Interested members of the public may access bankruptcy records in person in the clerk’s office at standard business hours in any county or online via PACER any time of the day.
Records that are considered public may be accessible from some third-party websites. Operating independently of any state, county or local agency, these websites may simplify the search process, as they are not limited by geographic location. Third-party platforms may also feature search engines that can help when starting a search for a specific or multiple records. To begin using such a third-party or government website, interested parties usually must provide some or all of the following:
- The name of the person involved in the record, unless said person is a juvenile
- The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.
Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.
How to Get Michigan Bankruptcy Records
Members of the public typically obtain physical copies of records, note contacts, and forms concerning bankruptcy cases in Michigan by visiting the court clerk’s office. At the clerk’s office, requestors may opt to print copies from the court’s Case Management/Electronic Case Filing (CM/ECF) systems. The fixed charge for printed copies of bankruptcy documents is $0.10 per page. Alternatively, requests may be mailed to the appropriate bankruptcy court. The addresses of the two bankruptcy courts in Michigan are:
Western District of Michigan
One Division Avenue, North, Rm 200
Grand Rapids, MI 49503
Phone: (616) 456–2693
Email: MIWB_CaseInfo@miwb.uscourts.gov
Eastern District
211 West Fort St
Detroit, Michigan 48226
Phone: (313) 234–0065
Email: cmecfhelpdesk@mieb.uscourts.gov
Electronically imaged bankruptcy documents are accessible via the Public Access to Court Electronic Records (PACER) program. PACER users are to create a login username and password to obtain case and docket information online. To use PACER, it costs $.10 to search and to print a page.
How do I Find Out if My Bankruptcy Case is Closed in Michigan?
Credit reports generally provide information on whether a bankruptcy case has been closed. The document is received free of charge once a year as every resident of the U.S. A. (including a person filing for bankruptcy) is entitled to a free credit report annually. To maintain privacy, the credit reporting agency may ask for some unique information peculiar to the individual.
Residents may also be able to get updates of bankruptcy records by sending a request to the Bankruptcy Court clerk, who attended to the case. Applications generally contain the requestor’s full name, address, phone number, case number, and all documents and required payments.
Can a Bankruptcy be Expunged in Michigan?
Like many indictment records, bankruptcy records may be expunged and permanently erased. Bankruptcy case filings in Michigan typically appear for 7–10 years on a credit report, depending on the type of bankruptcy. There are no special steps for expungement of bankruptcy records as the files deleted after seven years for Chapters 11) because there is a partial repayment of the debt. Ten years for (Chapter 7 bankruptcy) because most times, tthe debt owed in this type of bankruptcy is repaid by the debtor. Nevertheless, eligible parties may be able to file a motion to expunge bankruptcy files at the bankruptcy court.
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