What are Delaware Bankruptcy Records?

Bankruptcy records in the State of Delaware contain information that is generated during bankruptcy case proceedings. These proceedings occur when individuals or corporations with outstanding debts file for bankruptcy to pay their debts through liquidation or reorganization. Typically, Delaware bankruptcy records comprise the personal and financial information of involved parties. Such information includes a list of assets, case name and summary, gross income, and court-issued orders.

The United States Bankruptcy Court for the District of Delaware hears bankruptcy cases within the state’s jurisdiction. The court serves all the counties in the state.

Delaware bankruptcy records are generated and maintained by the court where the case proceedings occurred. Typically, the office of the clerk of court manages the records, and interested parties can request information they wish to inspect or copy. However, third-party websites such as CourtRecords.us maintain bankruptcy records on the database and give access to such records via their site.

What do Delaware Bankruptcy Records Contain?

The information collated in bankruptcy records is usually the personal and financial information of parties involved in the case. The records also contain the documents used in bankruptcy court hearings. Information that Delaware bankruptcy records contain includes, but are not limited to:

• Case name and number
• Names of debtors and creditors
• Court-issued orders and verdicts
• Status of the case
• Docket report
• A list of the debtor’s assets
• The gross income statement of the petitioner
• Date of case filings

Are Bankruptcy Records Public Information?

Yes, bankruptcy records are public information. The United States Freedom of Information Act (FOIA) provides persons with the right to access records that are generated by government bodies. Except as otherwise in the act, interested members of the public can obtain bankruptcy records via electronic means or from the record custodians. However, persons who wish to obtain bankruptcy records should note that some information might be regarded as confidential records and are not available for copying or inspection. There is also the redaction of certain details, such as social security numbers and information concerning bank supervision. Bankruptcy cases that were expunged/sealed are also not public information.

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• 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 Delaware Bankruptcy Records

Typically, there are electronic platforms that interested persons can obtain Delaware bankruptcy records. Querying parties also have the option of getting physical copies of desired records from its custodians. However, charges may apply to get bankruptcy records on these platforms.

The Case Management/Electronic Case Filing (CM/ECF) system allows electronic access for filing bankruptcy documents and petitions with the court. Users of the system have access to view case information, docket reports, and queries. Also, users can print out documents filed with the court. To use the CM/ECF system, interested individuals are required to register an account.

Querying parties can also get Delaware bankruptcy records via the Public Access to Court Electronic Records (PACER) service. PACER is an electronic platform that gives access to federal court records maintained on its database. To use the PACER service, individuals must register an account on the platform and login to access the desired information. Registered users can get records they want by using the search by court option or through the national index that allows individuals to browse through all federal courts nationwide. Following the fee schedule, a charge of $0.10 per page is incurred to obtain records. Users can also link their PACER account to the CM/ECF system. Individuals who encounter issues using the system can contact the PACER Service Center or place a phone call to the following numbers at (800) 676–6856 or (210) 301–6440.

The Voice Case Information System (VCIS) provides access to basic bankruptcy case information by dialing the number (866) 222–802. Callers can obtain information by following the instructions and using the keypads to select the options provided. Typically, callers can search by case number, party name, or social security number. Information that can be gotten are case name and number, bankruptcy chapter filed, filing date, attorney’s name, case status, hearing dates, location, and verdicts.

Access to closed cases that have been archived and stored with the National Archives and Records Administration can be obtained by completing the request form and submitting it online. Charges may apply.

Interested parties can also visit the clerk’s office and make use of the public terminals to search for desired records. Charges may apply to print out information from the terminals. They can also request records from the clerk’s office in person or mail a written request to the address:

3rd Floor

824 N Market Street,

Wilmington, DE 19801

Requestors can also find the clerk’s office by following the directions on the court’s website.

How do I Find Out if My Bankruptcy Case is Closed in Delaware?

To find out if a bankruptcy case is closed, interested persons can check the status of the case on platforms that give access to case information. Electronic platforms such as the Public Access to Court Electronic Records (PACER), the Voice Case Information System (VCIS), and public terminals give interested parties access to look up a bankruptcy case’s status. Interested individuals can also request such information from the office of the clerk of court.

The Debtor Electronic Bankruptcy Noticing (DeBN) program is also a platform that provides free electronic noticing about bankruptcy cases to registered debtors. Enrolled debtors can receive all court notices and orders concerning their cases by email on the same day they occur. To create a DeBN account, debtors must complete and file a form with the court.

Can a Bankruptcy be Expunged in Delaware?

The expungement of a bankruptcy case in Delaware will erase the case information for public view. The Delaware bankruptcy court allows individuals and corporations to seal bankruptcy case information. Parties who seek to seal their case can file a motion to that effect. The judge reviews the motion and decides to grant or deny it. Also, some case details are automatically redacted from public records due to the judiciary’s privacy policy. The policy imposes limiting the revelation of a party’s account numbers and social security number to the last four digits.