Will my Chapter 13 filing be listed in the newspaper in my county/state? Is it necessary to make debtors look like criminals?

Asked over 2 years ago - Williamsburg, VA

I have had little or no advice from the lawyer representing me. I do not know, have not been told, and am only reading about it on the internet...I have no idea whether I will be listed in the newspaper like a criminal.

Attorney answers (5)

  1. Eric Charles Lewis

    Contributor Level 17

    8

    Lawyers agree

    Answered . Many years ago, in small communities, it was common to publish the names of debtors. Today, it's a very rare thing to see and bankruptcy simply isn't viewed with the scarlet letter stigma that it once carried. Bankruptcy is a matter of public record, so if a newspaper in your area thinks its newsworthy, then they can publish the information as they deem fit. It's just not likely for it to be printed in your local newspaper.

    Advice on this forum is for informational purposes only and should never be mistaken as a substitute for legal... more
  2. Rixon Charles Rafter III

    Contributor Level 20

    6

    Lawyers agree

    Answered . USE your lawyer; ask him/her this question.

    Also take with a grain if salt any legal information you research on-line.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed in the Commonwealth of Virginia, addressing your issue does... more
  3. Derek R. Caldwell

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . You have a lawyer, call him or her. Practices may vary, but in most areas the only bankruptcys that are reported in the paper are those that are newsworthy. If your name was Donald Trump or Barack Obama or John Boehner, it would be news and would definitely be reported. If you are a prominent figure in your community, it may be reported. if you are not a public figure, it is very unlikely that your bankruptcy will be reported even though it is a matter of public record. Short answer is it could be, but that would be very unusual.

    DISCLAIMER: This message is intended as a general discussion of legal issues and not as a statement of fact, legal... more
  4. John Gerth Merna

    Pro

    Contributor Level 15

    2

    Lawyers agree

    Answered . In the Hampton Roads area the primary publication that lists bankruptcy filings if "Inside Business", a Virginian Pilot product. It is not widely distributed. I am not sure if any of the smaller publications in Williamsburg lists bankruptcy filings. I have not heard that the "Daily Press", which is the Peninsula newspaper, lists filings.

    You should also be aware that bankruptcy docketing information is now showing up on the internet also. Generally, this only occurs or is a problem when your name is very unusual. Otherwise, if your name is more common it is buried under numerous pages of other search result data.

    I hope this helps. I also hope that your attorney not being able to answer this easy question is not a sign that they don't do much bankruptcy. If you need more information you may call or e-mail me via our website below.

    John G. Merna
    The Merna Law Group
    Newport News & Virginia Beach
    www.MernaLaw.com
    (757)340-4070

    This answer in no way creates an attorney-client relationship. The answer is not a complete answer and requires... more
  5. Stephen Clark Harkess

    Contributor Level 20

    2

    Lawyers agree

    Answered . Neither average bankruptcy filers nor average criminals have their names listed in the newspaper. Only newsworthy court filings are reported.

    You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney... more

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