West Virginia Bankruptcy Records

Are Bankruptcy Records Public Information in West Virginia?

Bankruptcy records are public information in West Virginia, according to the West Virginia Freedom of Information Act. Nonetheless, the court can withdraw access privileges from requestors that disrupt the PACER Service Center's operations, another PACER user, or the federal court. Any attempt that seeks to access bankruptcy records with the intent of boycotting the charges attached to the records is strictly forbidden and could result in a civil action or criminal prosecution.

Record seekers looking for an alternative to government sources may obtain bankruptcy records from third-party websites. These non-governmental websites often come with tools that help simplify the search for single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain bankruptcy case information using third-party sites, record seekers may need to provide:

• A complete name of the debtor involved in the record
• A bankruptcy case number

How to Get West Virginia Bankruptcy Records

Obtaining bankruptcy records in West Virginia is possible via:

• McVCIS: Interested parties can access bankruptcy records by dialing the court's automated toll-free line on (866) 222-8029. After dialing the number, McVCIS automatically gives instructions on using the phone keys to search for cases. However, Individuals can only get information of five debtors per call. There is also an option to change the language to Spanish.
• PACER (Public Access to Court Electronic Records): This web system grants users 24 hours' access, even on weekends, to bankruptcy records upon registration. An interested party without a PACER account must register to view bankruptcy documents. Furthermore, users will pay 10 cents per page view. The PACER Case Locator can be handy to locate the district where the case filing took place. The PACER Service Center can be reached at (800) 676-6856 or email at pacer@psc.uscourts.gov.
• In-Person Requests: Interested parties can obtain bankruptcy court records in West Virginia from the clerk's office. Access to physical files in the office attracts some charges, and the acceptable modes of payment are WVNB Payment Form, credit, or debit cards.
• CM/ECF (Case Management and Electronic Case File): Interested Individuals can view bankruptcy records at public access terminals for free. Only case participants with CM/ECF login are granted access for cases filed before December 1, 2013, or closed for more than 12 months. The clerk's office can mail the documents to the requester for $.50 per page.
• National Archives and Records Administration (NARA): Parties looking to access archived case information at the National Archives and Records Administration must contact the clerk's office first and fill the NARA Bankruptcy Cases Order Form. Parties can send the filled form via email, mails, or fax. Most importantly, cases filed after March 3, 2003, are stored electronically and are only accessible by submitting the case order form.

What are West Virginia Bankruptcy Records?

In West Virginia, the bankruptcy petition, the discharge, and the management of records are the bankruptcy court's responsibilities in the state. The bankruptcy courts include the Northern District of West Virginia and the Southern District of West Virginia and not the state courts. These bankruptcy courts hear petitions from businesses, individuals, and corporations seeking relief from creditors and need effective ways to clear the accrued debt. The state of West Virginia in the two federal bankruptcy courts has provided many options to manage and provide access for the public to review bankruptcy records.

For the bankruptcy court in the Northern District of West Virginia, the court operates a CM/ECF (Case Management and Electronic Case File) to aid interested parties seeking access to case information and the status of a running bankruptcy petition. However, requestors must register with the court before utilizing this service. PACER (Public Access to Court Electronic Records) is another online tool that manages and provides bankruptcy file access.

Details relating to bankruptcy documents are obtainable via the telephone since the court operates a toll-free, automated Voice Case Information System (McVCIS). Also, the clerk of the district court's office preserves bankruptcy case documents, and it permits access through the public access terminals at the office. Furthermore, the National Archives and Records Administration maintains archived records.

In the Southern District of West Virginia, there exist similar services for managing bankruptcy cases and records. There is the option to access documents and file for bankruptcy electronically. However, it is only open to individuals who possess a unique ECF login since there is a restriction to the access of case information filed later than December 1, 2003. Regardless of this development, current cases and their status are obtainable using the court's case locator tool.

Bankruptcy case information and records are accessible from third-party websites since attorneys utilize those platforms to gather information.

What Do West Virginia Bankruptcy Records Contain?

Bankruptcy court records contain the account statements and other financial documents of the organization or the individual filing for bankruptcy, including:

• A schedule of current gross income
• Assets and liabilities such as financial balances, stock, properties, and organizations owned or in partnership with
• List of creditor, addresses of each creditor, and the sum owed
• A schedule of contracts and agreements
• A list of employees owed and a detailed record of the final paycheck.

Where to Conduct a Free Bankruptcy Case Search in West Virginia

• BY Phone: Persons can reach the west Virginia bankruptcy court's automated VoiceCase Information System (McVCIS) toll-free by dialing (866) 222-8029 for case information.
• Utilizing PACER: Public Access to Court Electronic Records (PACER) is an electronic public access program that enables users to access case and docket data from federal appellate, district, and bankruptcy courts through the Internet. It also includes a case locator tool. In keeping with its commitment to offering public access to court information via a centralized service, the federal judiciary offers PACER.
• IN-PERSON VISITS TO COURT CLERK's OFFICES: At the public access terminals situated in the bankruptcy clerk's offices in Wheeling and Clarksburg as well as the district court clerk's office in Martinsburg, West Virginia residents can see bankruptcy documents without charge. At one of these sites, people must physically visit the office and use the public access terminals to read bankruptcy documents. Using several criteria, including the case number, the name of the debtor or creditor, and the date the case was filed, these terminals can be used to look up bankruptcy case records. When a case is located, clicking on the case number will display the case information and any related documents. There may be some documents that are not accessible online and must be read in person at the courthouse
• Requests for archived bankruptcy case files: Older case information files that have been achieved can be requested online from the US national archives. People can get in touch with the clerk's office to find out if a case has been archived at the National Archives and Records Administration. It will be necessary to fill out a NARA Bankruptcy Cases Order Form and include information from the clerk's office in the form's case location section. The Bankruptcy Cases Order Form can be mailed, faxed, or emailed to the records center.

How Do I Find Out if My Bankruptcy Case is Closed in West Virginia?

Members of the public can find out about a bankruptcy case's current status by either putting a call through to the number available on the VCIS portal or via PACER. When a requestor uses the VCIS route, the party must provide information about the lawsuit, such as the case number, the debtor's name, the filing date, and other necessary details.

Generally, bankruptcy cases are not final even after discharge by the court. The case file is still open to the creditor, the court, and the assigned trustees since there are other modalities to fulfill. Unlike closure which formally finalizes the petition and orders a decree to close the case, a discharge from the court only clears out the debt and incurred liabilities. When a case is closed, the court sends a notice via mail to either the petitioner or the hired legal representative to notify both parties. In some cases, right before the case is closed, regardless of discharge, it could be reopened if some debts were omitted from the list or certain assets have not been liquidated.

Can a Bankruptcy Be Expunged in West Virginia?

There are no generally accepted frameworks of rules for the expungement of bankruptcy records in West Virginia. However, Chapter 13 bankruptcy can remain on a bankrupt's credit report for as long as seven years. Chapter 7 bankruptcy can stay on a credit report for a maximum of ten years.

How Much Does It Cost to File Bankruptcy in West Virginia?

The cost of filing bankruptcy in West Virginia depends on several factors, including the type of bankruptcy being filed (Chapter 7 or Chapter 13), the individual's income and assets, and whether they are hiring an attorney to represent them. The filing fees for a Chapter 7 bankruptcy in West Virginia are $335, and the filing fees for a Chapter 13 bankruptcy are $310. If an attorney is hired to represent the individual in their bankruptcy case, attorney's fees will vary depending on the complexity of the case and the attorney's hourly rate but can range from $1,000 to $3,500 or more. Credit counseling, which is required before filing for bankruptcy in West Virginia, typically costs around $50. Other costs, such as obtaining a credit report or hiring a bankruptcy petition preparer, may also be incurred. The cost of filing bankruptcy in West Virginia can range from a few hundred dollars to several thousand dollars, depending on these factors. It is important to consider all costs carefully and explore all available options for debt relief before deciding to file.