What are New York Bankruptcy Records?

New York bankruptcy court records refer to the various reports and documents containing relevant information regarding people and companies that have filed bankruptcy actions. Bankruptcy cases encompass specific kinds of legal actions involving debt repayment plans, elimination of debts, and distribution of assets. These records are generated and managed by the four federal bankruptcy courts in the State of New York. Given that bankruptcy records are public records, interested persons can also search for and access them through independent third-party sites such as NewYorkCourtRecords.us.

What do New York Bankruptcy Records Contain?

While the exact information contained in bankruptcy records varies with different case files, they share similar general characteristics including:

• Name of the company or individual filing the action
• Bankruptcy filing type detailing the chapter of the bankruptcy code the petitioner capitalized on
• Date of filing
• Reference number
• Bankruptcy closing date
• Court where the bankruptcy was filed
• Liability amount
• Asset amount
• Creditor information including name, date of inquiry, and credit bureau
• Consumer statements or additional remarks
• Case status

Are Bankruptcy Records Public Information?

Both the Federal Records Act and Freedom of Information Act preserves the right of access to public bankruptcy records for almost everyone. That means, the public can search for, view, and copy these records upon request. However, not all bankruptcy case files are open to the public. Members of the public are generally restricted from obtaining parts of bankruptcy case files that contain protected and sensitive information. Also, sealed bankruptcy records are excluded from public access. Note that bankruptcy case files are destroyed after a period of 15 years in compliance with 44 USC § 3303.

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 Bankruptcy Records

Given the federal public record laws, bankruptcy records generated by the New York federal judiciary may be available to interested persons upon request. To obtain these records, querying parties are required to use available online resources or to query the office of the clerk of courts in the particular courthouse where the action was filed. Typically, record retrieval guidelines may differ from one judicial district to another. Even then, these courts feature the following channels for obtaining bankruptcy court records:

• Using available online resources (managed by courts or third party websites)
• By making in-person requests to the record custodian
• By sending written requests to the office of the clerk of courts

How to Get New York Bankruptcy Court Records In Person

Step 1: Identify the Right Court

Bankruptcy case files are kept by the various district court custodians where the cases were filed. There are four U.S Bankruptcy Courts in New York and below are their physical, mailing, and contact addresses:

United States Bankruptcy Court Southern District of New York

Manhattan Location (for Bronx and New York Counties)
One Bowling Green
New York, NY 10004-1408
Phone: (212) 668-2870
Mailing Address:
US Bankruptcy Court
Southern District of New York
One Bowling Green
New York, NY 10004-1408

Poughkeepsie Location
355 Main Street
Poughkeepsie, NY 12601
Phone: (845) 451-6372
Mailing Address:
US Bankruptcy Court
Southern District of New York
355 Main Street
Poughkeepsie, NY 12601-3315

White Plains Location
300 Quarropas Street
Room 147
White Plains, NY 10601
Phone: (914) 467-7250
Mailing Address:
US Bankruptcy Court
Southern District of New York
300 Quarropas Street
Room 147
White Plains, NY 10601

United States Bankruptcy Court Eastern District of New York

Brooklyn Location
271-C Cadman Plaza East
Suite 1595
Brooklyn, NY 11201
Phone: (347) 394-1700
Mailing Address:
U.S. Bankruptcy Court, Eastern District of N.Y.
Conrad B. Duberstein U.S. Courthouse
271-C Cadman Plaza East
Suite 1595
Brooklyn, NY 11201-1800
Phone: (631) 712-6200

Central Islip Location
290 Federal Plaza
Central Islip, NY 11722
Mailing Address:
U.S. Bankruptcy Court, Eastern District of N.Y.
Alfonse M. D'Amato U.S. Courthouse
290 Federal Plaza
Central Islip, NY 11722

United States Bankruptcy Court Western District of New York

Buffalo Location
2 Niagara Square
Buffalo, NY 14202
(716) 362-3200
Mailing Address:
United States Bankruptcy Court
Western District of New York
Robert H. Jackson U.S. Courthouse
2 Niagara Square
Buffalo, NY 14202

Rochester Location
100 State Street
Rochester, NY 14614
(585) 613-4200
Mailing Address:
US Bankruptcy Court, W.D.N.Y.
100 State Street
Rochester, NY 14614

Batavia Location (Unstaffed)
Genesee County Courthouse
7 Main Street
3rd Floor Courtroom
Batavia, NY 14020

Mayville Location (Unstaffed) Gerace Office Building Legislative Chambers 3rd Floor Courtroom North Erie Street Mayville, NY 14757

Niagara Falls Location (Unstaffed) Niagara Falls Municipal Complex 1925 Main Street 2nd Floor Hearing Room Niagara Falls, NY 14305

Olean Location (Unstaffed) Cattaraugus County Courthouse 1 Leo Moss Drive Olean, NY 14760

United States Bankruptcy Court Northern District of New York

Albany Location U.S. Bankruptcy Court James T. Foley United States Courthouse 445 Broadway, Suite 330 Albany, NY 12207 Clerk's Office Phone: (518) 257-1661 Mailing Address: U.S. Bankruptcy Court James T. Foley United States Courthouse 445 Broadway, Suite 330 Albany, NY 12207

Utica Location
U.S. Bankruptcy Court
Alexander Pirnie U.S. Courthouse and Federal Building
10 Broad Street
Utica, NY 13501
Clerk's Office Phone: (315) 793-8101
Mailing Address
U.S. Bankruptcy Court
Alexander Pirnie U.S. Courthouse and Federal Building
10 Broad Street
Utica, NY 13501

Syracuse Location
U.S. Bankruptcy Court
James M. Hanley U.S. Courthouse and Federal Building
100 South Clinton Street
Syracuse, NY 13261
Clerk's Office Phone: (315) 295-1600
Mailing Address:
U.S. Bankruptcy Court
James M. Hanley U.S. Courthouse and Federal Building
100 South Clinton Street
Syracuse, NY 13261

Step 2: Collect Relevant information and Visit the Appropriate Courthouse

Gather information needed to facilitate the search such as case number and debtor's name. Using these details, requesters can utilize the self-service computer terminals provided at the bankruptcy courthouses. Documents available in the terminals are those files and stored in ECF after December 1, 2003. Alternatively, requesters may opt to take a written request to the court clerk's office. All written applications must include identifying details required to locate the records. Some courts may provide forms to simplify the process.

Note: Make sure to have a valid government-issued ID to be able to gain entrance into any of the court buildings.

Step 3: Pay the Required Fees and Collect the Record of Interest

Viewing docket and case information using the PACER terminal available at the public area of each clerk's office is free of charge. Records accessed via this means can be printed for 10 cents per page. Note that clerk-facilitated search and copy fees may be charged at higher rates, depending on the local court guidelines. Also, additional certification charges may apply.

How to Get New York Bankruptcy Court Records In Mail

To request a bankruptcy court records by mail, querying parties should follow the simple steps below:

• Contact the particular court to ascertain their mailing requirements, local fee schedule, and preferred payment options
• Make a written request including all specific details needed to locate the record such as debtor's name, case number, etc
• Send the request application, fees, and valid ID (if applicable) to the courthouse's mailing address listed above

How to Get New York Bankruptcy Court Records Online

The Federal Judiciary maintains a centralized online database known as Public Access to Court Electronic Records (PACER). Interested persons are required to register account and billing information with the portal to be able to utilize public federal records which also include bankruptcy court CM/ECF case records. PACER charges 50 cents per page viewed and $2.40 for each audio file. See the Fee Schedule for costs of other case documents. While total fees are charged quarterly, they may be waived if a user's quarterly usage is $30 or less. Other categories of people that are qualified for fee waivers are also available on the fee schedule page.

One-time researchers and persons who do not wish to go through the registration process can easily locate the bankruptcy records of their choice by searching the online database maintained by NewYork.CourtRecords.Org.

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

To enquire about the current status of a bankruptcy case filed with New York Bankruptcy Courts, call or mail the court and provide relevant details needed to locate the record. Querying parties may also visit the courthouse to check the computer terminal, public indexes, or court files.

How to Get Closed Bankruptcy Court Records

Generally, court records are retained by bankruptcy courts for a period of 15 years, after which they may be destroyed. The National Archives and Records Administration (NARA) keeps records of closed bankruptcy cases. Follow the steps below to obtain copies of court records stored at the archives center:

• Visit the bankruptcy court where the case was filed and closed to obtain the case's Federal Records Center (FRC) information. Such information includes the case name, case number, transfer (accession) number, location number, and box number. Note that the above access information can only be retrieved after a $31 search fee is paid to the court
• Pay additional archive retrieval fees for the court to request the archived case file from NARA. The first box costs $64 while each additional box is charged at a fee of $39
• Using the information provided by the court, complete the NARA Bankruptcy Case Request Form, and pay applicable fees

New York bankruptcy courts also allow mail-in requests for FRC information. Be sure to provide as much specific information as possible such as case number, debtor's name, filing date, tax identification number, and social security number.

Can a Bankruptcy be Expunged in New York?

Yes. Pursuant to Section 502(a) and 502(b)(1) of Title 11 of the United States Code, eligible individuals can file a motion to expunge their bankruptcy records before the statutory disposal date is reached. To do this:

• Seek legal advice to know the applicable motion to file in relation to the case
• File a petition for relief under Chapter 11 of the Bankruptcy Code or a Motion for an Order Reducing, Reclassifying, and/or Expunging Claim Number X
• The court will then approve or reject the motion according to the rule of law