What are New Mexico Bankruptcy Court Records?
Bankruptcy records in New Mexico are legal documents filed by individuals or corporate agencies for debt and seeking protection from creditors. Bankruptcy records are under the Federal District Bankruptcy Courts jurisdiction in all states. Besides, the Federal Code on bankruptcy matters provides regulations for handling bankruptcy cases in the United States. There is one United States District Bankruptcy Court that serves the entire State of New Mexico at Albuquerque.
Based on the Bankruptcy Chapter Categories of the United States’ code, there are different types of bankruptcy cases. Some popular categories are chapters 7, 11, 12, and 13. Each chapter represents a bankruptcy category and the approach to resolving it. When an individual or entity files a case with the court, the court clerk opens a file for the case. All associated documents and progress updates go into this file. Therefore, the court with current jurisdiction on the case usually has a complete account of case information. Because filings of bankruptcy cases are possible electronically at the website, persons can view updates on case file information, provided they have the case file ID.
What Is Contained in a Bankruptcy Record?
There are two levels of information in a bankruptcy record:
- Identifying information that helps in singling out the file in the event of a search. These are the case file number, docket ID numbers, and names of involved parties and companies.
- Progress updates of the case that provides information about the direction of a case. They include court records such as dispositions, proof of claims, and repayment plans. It also shows the liens section that states the debt category, initiating court orders, unpaid Internal Revenue Service taxes, property owners, etc. Additionally, the record should feature legal judgments and decisions by the court and timelines for repayment or debt relief. If there are adjoining matters, these documents will also be present in the record.
Are Bankruptcy Records Public Information?
By federal and state laws, bankruptcy records are open to members of the public who wish to get information about them. Aspects of documents that the law defines as confidential are closed from the public. They include social security numbers, proprietary business information, and personal contact details. Also, if the record is under seal by court order, members of the public may not access them.
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 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 New Mexico Bankruptcy Records
Typically, the courthouse that handles a case has the most comprehensive report about it. Begin by visiting the Bankruptcy Court in the state for information. The court clerk has the responsibility of maintaining these records and providing members of the public with answers to inquiries. There are self-service public terminals within the facility. They are user friendly and allow persons to search for bankruptcy record information. A standard search should return a case information page. However, it is not a certified copy and is not useful for official business. Go to the court clerk and submit a request for a certified copy. Certified copy requests will need the docket ID and case file information numbers. Get them at Public Access to Court Electronic Records, New Mexico. Supporting information such as the name of the filing party and the contact phone number of the requester are also compulsory. For mail requests, submit along with the application a self-addressed and stamped return envelope.
The document requested and the number of pages often determine how much the processing fees will be. By federal laws, processing fees are equivalent to the process’s cost. Like other districts, New Mexico Bankruptcy Court payments are acceptable only as bank certified checks or the standard U.S. postal order. For records that are older than a year and above, confirm with the courthouse office that they are still available. Most of the time, these records get archived with the New Mexico state office of the National Archives and Records Administration. After archiving, there are reference numbers that help locate the specific document in the archives in the event of a search. The bankruptcy courthouse office should provide this information. Confirm that they offer services for retrieving archived files on behalf of requesters. The retrieval comes at a fee.
How Do I Find Out If My Bankruptcy Case Is Closed in New Mexico?
Bankruptcy cases usually do not take too long to get resolved. To know if a bankruptcy case is closed, confirm that the court has ruled on every issue arising from the case. After the court confirms that all payments or cancellation of debts are complete, parties will receive a court notification about the closure. Parties can also track the progress of the case using the electronic filing system of the court.
Can a Bankruptcy Case Be Expunged in New Mexico?
While expunction of a bankruptcy case may be a tall order in New Mexico, it is not impossible to remove such records from credit reports and public repositories. A quick way to do this is to look out for inconsistencies in reports and file to remove potential litigation content. If the owing party did not have a say in the court case, it is possible to file to have the records removed. Cases of identity theft will receive expunction almost immediately. Also, record information that can put the business at risk is a good reason to request for the removal of records from public view. When the court grants this, all associated documents are removed from publicly accessible repositories both on-site and online. However, a confidential record remains with a court for record purposes.