| Just about any legal entity has the ability to file a petition in the United States Bankruptcy Court, "personal bankruptcy" refers to the filing of a petition by an individual consumer making use of his or her own social security number (ssn) or tax identification number (tin) in the bankruptcy filing. Although the bankruptcy filing is linked to this particular numeric identifier of the individual in a personal bankruptcy, the individual's complete social security number or tax identification number does not actually become part of the public records, only the last four (4) digits. This enables creditors of an individual filing bankruptcy to identify that person (based on name and last four digits of ssn), but still protects the private information of that individual (namely, their full ssn or tin). If a creditor has bankruptcy questions regarding a particular personal bankruptcy, they can then look up answers to their own bankruptcy questions using the court's online document management system, called webPacer, and have access to the bankruptcy file without contacting the debtor. |
| FILING BANKRUPTCY |
| Any bankruptcy filing that involves a legal entity other than a personal bankruptcy will be linked to a tax identification number or employer identification number (ein) of that entity. Only personal bankruptcy is linked to a debtors actual social security number. |
| The vast majority of bankruptcy filings are personal bankruptcies. There are generally many more individuals in need of bankruptcy relief than there are corporate or other types of legal entities in distress. Further, even an owner of a failing corporation usually ends up filing personal bankruptcy instead of another type of bankruptcy filing because corporate debts are usually personally guaranteed. Also, only in a personal bankruptcy is a discharge entered. Corporate entities do not receive a bankruptcy discharge (even in chapter 7 bankruptcy). |
| BANKRUPTCY QUESTIONS |
| Personal bankruptcy can be a difficult process for some individuals with complex financial situations and assets, or it can be a very straightforward process for others to file bankruptcy. Only a qualified bankruptcy attorney can give legal advice and answer bankruptcy questions. There are many unscrupulous groups out there who promote themselves on the internet that purport to assist with personal bankruptcy; these groups should be avoided at all costs. An individual seeking to file bankruptcy or who has bankruptcy questions should seek the advice of a bankruptcy attorney in their state, and avoid anyone who purports to be a "group" of lawyers, or "association" of lawyers, but who does not have an individual lawyer identified. |
| Also, consumers seeking to file bankruptcy, or who have bankruptcy questions, should know that lawyers are linked to particular states, any group claiming to help in any state is most likely NOT even a lawyer, even if they claim to be "affiliated" with lawyers or work with a "group" of lawyers. It is best to not even give personal information to these national one-size-fits-all groups even the ones who claim to be lawyers. Most likely, these are just "lead generators" who take your personal information and sell it off to anyone so every debt consolidation, debt negotiation, mortgage broker and telemarketer with an inbox can call you and spam you. Even if it looks like an attorney, unless you see a lawyers name and state affiliation, avoid them. |
| FILE BANKRUPTCY |
| McFarlin & Geurts LLP, through California Attorney Timothy McFarlin, can file bankruptcy for individuals in California, and can refer clients seeking personal bankruptcy to qualified attorneys in other states if requested. Filing bankruptcy is usually only a once-in-a-lifetime occasion for most consumers, you owe it to yourself to get it done right. |
