Wisconsin Bankruptcy Records

Are Bankruptcy Records Public Information in Wisconsin?

Under the Wisconsin Public Records Law, anyone can request to view or copy bankruptcy records in the state. Most of the record components are publicly accessible, while those under the confidential information category in the state are redacted from the public domain. Among them are personal financial statements, social security numbers, information about minors, trade secrets, intellectual property rights, foreign security information, etc. These and many more constitute confidential information and are therefore not accessible to third-party requesters. Occasionally a filing party request or court action may result in the sealing of a record.

Record seekers looking for an alternative to government sources may obtain bankruptcy records from third-party websites. These non-governmental websites often come with tools that help simplify the search for single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain bankruptcy case information using third-party sites, record seekers may need to provide:

• A complete name of the debtor involved in the record
• A bankruptcy case number

Understanding Bankruptcy in Wisconsin

Bankruptcy is a legal proceeding filed by inducted parties to get relief from creditor actions. Bankruptcy is a Federal Court proceeding in the state of Wisconsin. The United States Bankruptcy Court has jurisdiction over bankruptcy cases across the state. In Wisconsin, there is the Eastern District and the Western District of Wisconsin. The Eastern District has three courthouse locations: Milwaukee, Green Bay, and Oshkosh. The Western District courthouses are in Eau Claire and Madison. The clerk of court compiles records arising from bankruptcy court case hearings and decisions into files. Bankruptcy courts in Wisconsin regularly publish a list of parties that have filed for debt relief. Therefore, to the extent that the law permits, they are public records. Some third-party websites may provide basic information about a bankruptcy record. However, it becomes a question of authenticity and availability of detailed information.

What Do Wisconsin Bankruptcy Records Contain?

Basic information in a bankruptcy record includes:

• Full names and contact information of the indebted party
• Full names of creditors and the contact information
• The date of filing and the address of the courthouse of jurisdiction
• Copies of active liens and mortgages on debtors property
• Financial statements, tax records, assets, liabilities, income, and expenditure
• The type of bankruptcy filed
• Repayment plans
• Credit counseling participation notices

There are stated in the record if there are adjoining issues that are not directly under the court's jurisdiction (such as a criminal case).

How to Get Wisconsin Bankruptcy Records

The process of getting Wisconsin bankruptcy records is essentially the same both for the Eastern and Western District Bankruptcy Courts in the state. There are three standard ways of getting bankruptcy records:

• Through the Public Access to Court Electronic Records Portal (PACER). Here, requesters can get records without a visit to the clerk's office or courthouse. The basic requirements to achieve this are an internet connection and a compatible device. The pages for PACER are unique for Eastern and Western Districts.
• Visit the courthouse premises to use the self-service terminals. These terminals are available for anyone wishing to search out electronic documents on PACER. While viewing the documents are free, making copies come at about 10 cents per page. Requesters may also submit a written request or call the court clerk's office to get copies of records. Such requests attract search fees and printing fees. Acceptable payments include company checks, cashier checks, or money orders. Cash payments are not accepted. Same with personal checks or credit cards. Use the fee schedule to determine how much parties should pay for each request.
• For cases as far back as 2003, requesters must get them from the Archive Records Centers. For more information, visit the archived case information page. In brief, cases up to 2009 originating from the Madison Courthouse are available at the National Archives or the Federal Records Center. The same goes for records up to 2003 from Eau Claire. Submitted requests to the National Archives require the indebted party's name, case number, and case closure date. Federal Record Centers require the accession or transfer number, as well as box and location numbers. Inquiring parties may wish to view archive records only. In that case, the requester may ask to have the archived file delivered to the court for viewing. The court authorities will notify the individual when the file arrives. Please allow ten working days for delivery.

Where to Conduct a Free Bankruptcy Case Search in Wisconsin

A record seeker can conduct a free bankruptcy case search in Wisconsin via:

• Public-access computers: The United States Bankruptcy Court Western and Eastern District of Wisconsin have public computers where people can access bankruptcy records for free.
• The Multi-Court Voice Case Information System (McVCIS): This system allows people to dial into the court's database at (866) 222-8029 and receive basic case information for free.
• Public Access to Court Electronic Records (PACER): Parties to a bankruptcy case will receive a free electronic copy of bankruptcy records. Also, A user can conduct a free bankruptcy case search for free via the PACER online tool when:
  • They want to view the case information in Federal court systems
  • The court exempts them from paying fees
  • They request to access court opinions

How Do I Find Out if My Bankruptcy Case is Closed in Wisconsin?

The District Bankruptcy Court Clerk and associated court staff have the task of furnishing clients with information about their bankruptcy cases' status. In some cases, the representing attorney has the responsibility to notify his or her client of the case's status. However, in self litigation, the courts operate an efficient communication system both for debtors and creditors, usually by mail. In Wisconsin, the closure of a bankruptcy case means that all the legal obligations are completed. 'Complete' here implies that motions have been adopted in court, trustees have been appointed, and the appointed trustee has filed a statement to the court that all duties are complete. Closure does not necessarily mean discharge. Where discharge is not equal to closure, it is likely the filing party failed to submit a certificate of completion of the fiscal management program on time.

Can a Bankruptcy Be Expunged in Wisconsin?

The laws that guide the expunction of a bankruptcy record are generally applicable to most other federal records. Bankruptcy filings reflect in credit reports of involved parties. These filings may linger for up to 10 years. Federal records are not easy to expunge unless upon good cause as judged by the Bankruptcy Court or the Federal Court of Appeals. Some of the good causes include:

• The case was filed under duress. Another way to put it is that the filing party proceeded on a bankruptcy filing unwillingly.
• The court dismissed the bankruptcy filings. It means that the case never followed through to a discharge. As such, the involved party can file to delete the record, which in actual terms never existed.

How Much Does It Cost to File Bankruptcy in Wisconsin?

The cost to file bankruptcy in Wisconsin varies significantly depending on the Bankruptcy type, size, and case complexity. For example, chapter 7 bankruptcy may cost as little as $338 (without an attorney). Chapter 13 bankruptcies often require an attorney and may cost significantly more than the $313 filing fee. In contrast, Chapter 11 bankruptcies are the most expensive, with court fees of $1,738 and typically much steeper legal costs.

Typically, a petitioner is required to pay the filing fees at the time of filing a bankruptcy petition. However, those who cannot pay the full filing fees can opt to pay in installments. Requests can be made by filing an Application for Individuals to Pay the Filing Fee in Installments (Form B 103A) form at the Clerk’s office. The Court can also waive the filing fee for an individual Chapter 7 debtor if their income is less than 150% of the official poverty line and the debtor cannot pay filing fees in installments. The debtor must file an Application to Have the Chapter 7 Filing Fee Waived (Form B 103B) at the Court.