Yes — bankruptcies are public record because they are part of the federal court system. This means that anyone can access your bankruptcy filing, including documents and case details, through court systems like PACER or by visiting the clerk’s office. However, personal information such as your Social Security number and full birth date are redacted to protect your privacy.
If you’re concerned about how your bankruptcy may appear publicly or affect your credit, a Louisville bankruptcy lawyer can help you understand your options and protect your financial reputation. Call (502) 339-0222 today to speak with an experienced attorney.
What Is a Public Record?
First, let’s start with understanding exactly what a public record is. Public records are filed by public agencies, and include a broad range of information that the general public has access to. This information encompasses audio files, court records, inspection reports, permits, and so much more.
When it comes to your credit report, the only information that goes on public record is that which corresponds to debts or delinquencies. If or when your name is attached to a public record, you will always be notified. Public records come from a number of different sources. For example, courts create public records regarding bankruptcies, foreclosures, or failures to pay taxes that result in tax liens. Additionally, if a lawsuit names you, the court creates a public record when they issue a judgment in which you must pay damages. While some types of public records do not show on your credit reports, many do.
Is Bankruptcy a Public Record?
Yes. Unless you have your bankruptcy records sealed, any and all documents associated with the bankruptcy are public. The information contained in these cases is all public record. The two main ways to access these records are through the clerk’s office, or through PACER. PACER is the Public Access to Court Electronic Records. It allows the general public to access federal court records almost instantly. Credit bureaus make information, such as bankruptcy, public record by collecting the data and disclosing the information to the public. These credit reports change often, at least on a daily, if not hourly, basis.
Why Is a Bankruptcy Public Record?
The simplest answer is that bankruptcy cases are also court proceedings, and all court proceedings are public record. Unless a judge orders your records sealed, they are public record. However, there are parts of your bankruptcy that do not fall under the umbrella of public record. Sensitive information, such as your social security number, are always redacted (blacked out) in order to protect both the information and you. Additionally, only your birth year is shown from your birth date. As we stated above, PACER allows the public to view federal court proceedings. Because bankruptcy courts are part of the federal court system, they are public record. Most PACER users are either bankruptcy attorneys or their colleagues.
Not long ago, newspapers included “legal notices” sections. These notices often included bankruptcy filings. However, as bankruptcy filings have become more common since the 1970s, these notices are increasingly rare. Except in the case of businesses filing for bankruptcy, many newspapers do not include personal bankruptcies. Even when newspapers report on these business bankruptcies, they often only report on large businesses that affect a significant number of jobs.
How to Remove Public Records on Your Credit Report
Removing public records from your credit report is often difficult — and in some cases, not possible. Credit bureaus will only remove a public record if it’s inaccurate, outdated, or incorrectly reported. However, if you take the right steps and have strong documentation, it may be possible to correct or remove damaging information. Below, we outline both the dispute process and how different types of public records typically work.
1. Review Your Credit Reports
Start by getting copies of your credit reports from Experian, Equifax, and TransUnion. Carefully review each report for errors, outdated entries, or records that should have already been removed.
2. Dispute Any Inaccuracies
If you find incorrect information, file a dispute with each credit bureau reporting the error. You can submit disputes online, by phone, or by mail. If you mail your dispute, include a clear written explanation of why the information is wrong and copies of supporting documentation.
3. Provide Supporting Documents
Attach proof that backs up your claim. This might include payment confirmations, satisfaction of judgment documents, or official court records. Strong documentation improves your chances of having the record corrected or removed.
4. Follow Up on Court-Related Records
For judgments or other court-related public records, you may need to file a satisfaction of judgment directly with the court. Once it’s stamped and finalized, provide it to the credit bureaus so they can update or remove the entry.
5. Wait for Records to Age Off Your Report
Some public records, like bankruptcies, can’t be removed through a dispute process. Instead, they remain on your credit report for a set period of time. A Chapter 7 bankruptcy typically stays on your report for 10 years, while a Chapter 13 bankruptcy usually remains for 7 years. Over time, their impact on your credit score lessens.
6. Work With the Original Source
If the information came from a creditor or lender, try resolving the issue directly with them. If they agree that the record is inaccurate, they can work with the credit bureaus to have it corrected or removed.
7. Escalate if Necessary
If your dispute isn’t resolved, you can file a complaint with Consumer Financial Protection Bureau or your state’s Attorney General’s office. Legal support can also help ensure your case gets the attention it deserves.
Common Types of Public Records
Not all public records affect your credit report in the same way. Some stay on your report for a specific period, while others may have more long-term consequences if they aren’t resolved properly. Knowing which public records are listed on your credit file can help you determine what can be challenged, what will eventually be removed, and when legal assistance may be needed. Below are the most common types of public records that appear on credit reports and their potential impact.
Bankruptcy
Bankruptcy is one of the most common public records found on credit reports. Unless the entry is a reporting error, it cannot be removed early. A Chapter 7 bankruptcy typically remains on your credit report for 10 years, while a Chapter 13 bankruptcy usually stays for 7 years. While the impact on your credit can be significant, it lessens over time, and eventually the entry will fall off your report entirely. If you believe your bankruptcy has been reported inaccurately, a legal professional can help you challenge it.
Foreclosure
Foreclosures are also difficult to remove unless there’s an error in reporting. When a foreclosure is valid, it remains on your credit report for 7 years. However, if you’re currently facing foreclosure, there may be legal strategies to help you avoid it. One common option is a short sale, which allows you to sell your home for less than what you owe—with your lender’s agreement—helping minimize long-term damage to your credit.
Tax Liens
Tax liens can be especially challenging. While credit bureaus no longer actively include tax liens in reports the way they once did, related court records can still affect your credit profile. Unpaid tax liens can remain indefinitely, while paid liens are typically removed after a certain period. If there’s an error in how the lien was reported—or if it should have been removed already—a legal professional can help you resolve it and work to restore your credit standing.
How Long Do Public Records Stay on a Credit Report?
Different types of public records stay on your credit report for different amounts of time. In this section, we explain the different types of public records in terms of their longevity on credit reports.
Bankruptcy:
Most types of bankruptcies remain on your credit report for up to 7 years. Completed Chapter 13 bankruptcies stay for 7 years, while Chapter 7 bankruptcies stay for 10 years. The older the bankruptcy, the less impact it has on your credit score.
Foreclosure:
A foreclosure will also stay on your credit report for 7 years. This 7-year period begins on the date of your first missed mortgage payment.
Tax Liens:
In the past, tax liens stayed on your credit report for up to 7 years for paid liens, and 10 years for unpaid liens. However, credit bureaus no longer include tax liens in credit reports.
While the timelines above provide a general guideline, it can be helpful to see this information side by side. The table below outlines how long each type of public record typically stays on your credit report, whether it can be removed early, and what options may be available to address it.
| Type of Public Record | Time on Credit Report | Can It Be Removed Early? | Dispute / Removal Options | Impact on Credit |
|---|---|---|---|---|
| Chapter 7 Bankruptcy | 10 years from the filing date | ❌ Only if inaccurate | Dispute with credit bureaus if incorrect or outdated. Legal help may be needed for proper documentation. | Major impact early on; decreases over time. Eventually falls off automatically. |
| Chapter 13 Bankruptcy | 7 years from the filing date | ❌ Only if inaccurate | Same process as above. Can challenge reporting errors or incorrect dates. | Significant impact but less severe than Chapter 7; fades with time. |
| Foreclosure | 7 years from the date of first missed payment | ❌ Only if inaccurate | Dispute errors in reporting. Consider legal options like short sales to avoid foreclosure altogether. | Major impact on credit score; can make new loans or mortgage approvals more difficult. |
| Tax Liens (Unpaid) | Indefinite (no set removal date, but no longer reported by bureaus) | ⚠️ May be disputed if invalid or outdated | File satisfaction of judgment with court. Dispute if lien should have been removed or is reported inaccurately. | Can still appear through court records; negative impact on financial standing and lending decisions. |
| Tax Liens (Paid) | Typically removed after a set period (varies by state) | ✅ Yes, once satisfied and processed | Submit proof of payment or lien release. Request removal from credit files if still showing. | Less damaging than unpaid liens; resolving quickly minimizes credit impact. |
Contact a Kentucky Bankruptcy Attorney Today
Public records that appear on your credit report can create financial challenges, but they don’t have to define your future. In some cases, inaccurate or outdated information can be disputed and removed from your credit report, helping you move forward with confidence. Whether you’re facing a bankruptcy, foreclosure, or tax lien, understanding your options is an important first step.
Key points to remember:
- Public records that appear on your credit report can often be reviewed and challenged if they’re incorrect.
- Each type of public record has its own timeline for how long it stays on your credit file.
- You’re entitled to a free credit report from each major credit bureau every year, which can help you spot issues early.
- Legal guidance can help protect your rights and support the removal of inaccurate or outdated records.
The attorneys at O’Bryan Law Offices have the experience to guide you through this process and help you protect your financial future. If you need legal advice regarding your credit report or options for financial recovery, we’re here to help.
Call (502) 339-0222 today to schedule your free consultation with a bankruptcy lawyer in Louisville, KY.
Frequently Asked Questions
Yes. Bankruptcy filings, including discharge papers, are part of the public record unless sealed by a court. This means they can be accessed through PACER or directly at the courthouse. However, sensitive information like your Social Security number is redacted. While these documents are public, they won’t always appear on your credit report. What typically does appear is the bankruptcy filing itself, which can stay on your report for up to 7 or 10 years depending on the chapter.
A Chapter 7 bankruptcy typically remains on public record for 10 years from the filing date, while Chapter 13 bankruptcy remains for 7 years. Even though bankruptcy records are public, their impact on your credit score decreases over time, and they will eventually be removed from your credit report.
Generally, bankruptcy can only be removed from your credit report early if it was reported inaccurately or in error. If that happens, you can file a dispute with the credit bureaus and provide documentation to support your claim. An attorney can help ensure the dispute process is handled correctly and effectively.
Yes. A foreclosure will typically appear on your credit report for 7 years from the date of the first missed mortgage payment. Although it can significantly affect your credit score, the impact lessens over time, and the entry will eventually be removed. If there are reporting errors, they can be challenged through a formal dispute.
You’re entitled to one free credit report each year from each of the three major credit bureaus. Reviewing your reports regularly can help you identify any public records or errors early. If you find something inaccurate, you have the right to dispute it and request that it be corrected or removed.