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Idaho Bankruptcy Records

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Are Bankruptcy Records Public Information in Idaho?

According to Idaho Statutes Title 74, members of the public have the right to access and copy records generated in the state. If the court judge opts to seal records containing sensitive or damaging information, the record may be sealed from public access.

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 Idaho Bankruptcy Records

There are many options for members of the public to access Idaho bankruptcy records. Full documents are available online, in person, or by mail. For online access, parties can visit PACER to register for an account. Once registered, parties can request to view and print complete records documents for all bankruptcy cases filed after December 1, 2003. In-person access of records requires parties to visit the local Clerk of Court's office. In-person copies are $0.10 per page or $.050 per page if the clerk makes the copies. To have a record certified, the cost is $11.00. The court or clerk's office also accepts mail-in requests for bankruptcy records. The written request must include:

  • Name and case number of the subject
  • Details about the documents being requested
  • Personal identifying information

Then, mail the self-addressed and stamped envelope with all information to one of the three court locations. The addresses are as follows:

U.S. Courts
550 W. Fort St #400
Boise, ID 83724

U.S. Courts
6450 N. Mineral Dr.
Coeur d'Alene, ID 83815

U.S. Courts
801 E. Sherman St. #119
Pocatello, ID 83201

To retrieve files that are not available from PACER, individuals can order directly from the National Archives and Records Administration (NARA). Requesting from NARA incurs specific fees and must be made by check, cash, or money order. The request should include the case number and a description of the case type.

SmartScan services also offer access to bankruptcy case files if the record is less than 100 pages and does not require certification. Parties must sign up with their email and pay the fees in advance. The clerk of court in any bankruptcy court office can assist in initiating a SmartScan request.

Bankruptcy in Idaho

In the State of Idaho, bankruptcy is a legal debt relief option available to insolvent residents, as authorized by the U.S. Bankruptcy Code and governed by local and federal rules. This procedure helps individuals, spouses, businesses, and other entities repay and discharge debts to get a fresh start. Moreover, there are various bankruptcy options available, depending on the debtor’s financial situation.

Debtors – or creditors in some cases – may begin the bankruptcy process by filing a bankruptcy petition at the Bankruptcy Court in Idaho, particularly at the court division nearest to the debtor’s principal asset, residence, or primary business location. The bankruptcy court is a federal court, and persons should note that state courts cannot preside over a bankruptcy case in Idaho.

After filing the case, interested parties must follow the specific debt settlement procedure of the particular bankruptcy type. For instance, Chapter 7 often requires liquidation, while others may require the debtor to develop and follow a plan. Upon completing the process, the court may discharge some debts and close the case. However, records of the bankruptcy process are usually public and may contain:

List of all documents in the case

Copies of certificates of employment income, credit counseling course, and financial management class

Copies of the petition, bankruptcy forms, and other filed documents

Case number and filing date

Filing details (voluntary or involuntary) and type of bankruptcy filed

Debtor’s name, creditors’ details, and list of debts and assets

Details of legal representative and assigned trustees

Summary of the 341 hearing or meeting of the creditors

Disposition information like the type of discharge, discharge objection, and final report

Closing date of the bankruptcy case

What are Idaho Bankruptcy Records?

Bankruptcy records in Idaho consist of all documents, transcripts, orders, and petitions in a bankruptcy case. All bankruptcy cases fall under federal jurisdiction, and therefore state courts cannot hear them. The Idaho District Bankruptcy Court is the court that has authority over bankruptcy records and hears bankruptcy cases. The Idaho bankruptcy Court has four different locations:

Boise Southern Division including the counties of Ada, Adams, Boise, Canyon, Elmore, Gem, Owyhee, Payette, Valley, and Washington:

Coeur d'Alene Northern Division including Benewah, Bonner, Boundary, Kootenai, and Shoshone county:

Moscow Central Division including Clearwater, Idaho, Latah, Lewis, and Nez Perce county:

Pocatello/Twin Falls Eastern Division including the counties of Bannock, Bear Lake, Bingham, Blaine, Bonneville, Butte, Camas, Caribou, Cassia, Clark, Custer, Franklin, Fremont, Gooding, Jefferson, Jerome, Lemhi, Lincoln, Madison, Minidoka, Oneida, Power, Teton, and Twin Falls.

Bankruptcy is for parties who cannot pay back debts to creditors and need assistance from the court to discharge debts and prevent further collections. The moment a debtor files for bankruptcy, the court begins building the case record. The court clerk manages and disseminates bankruptcy records through the court locations, while the Case Management/Electronic Case Filing System (NextGen CM/ECF) maintains these records electronically. Parties can also acquire records through third-party websites.

What Do Idaho Bankruptcy Records Contain?

When a party requests a bankruptcy record, the records will typically contain the original filing, the debtor's information, the judge's name, petitions and motions filed during the process, discharges, details regarding trustees, assets, case number, and the status of the case.

Where to Conduct a Free Bankruptcy Case Search in Idaho

Using the iCourt portal-The iCourt system in Idaho allows individuals to access court records and case information online. To view bankruptcy records, create an account and use the "Case Search" feature to find the desired case. View case details and documents by clicking on the case number, though some documents may only be available in person at the courthouse.

Utilize the PACER system: The Administrative Office of the U.S. Courts maintains a national database of federal court documents called the Public Access to Court Electronic Records (PACER) system. By registering for a free account, anyone can access PACER and look up Idaho bankruptcy case records.

Contact the bankruptcy court clerk's office: Each bankruptcy court in Idaho has a clerk's office that maintains records for cases filed in that court. anybody can contact the clerk's office and request access to bankruptcy case records.

There are two bankruptcy courts in Idaho: one in Boise and one in Pocatello. The addresses for the clerk's offices at these courts are as follows:

Boise:
U.S. Bankruptcy Court
District of Idaho
550 West Fort Street
Boise, ID 83724

Pocatello:
U.S. Bankruptcy Court
District of Idaho
550 North 4th Avenue
Pocatello, ID 83201

Use third-party web databases to search for bankruptcy case records. Some of these databases may demand a fee, but others offer free access to bankruptcy case records. Westlaw and LexisNexis are two examples

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

A bankruptcy case is closed when the debtor has taken all actions to alleviate debts. Parties can easily access information about the status of an issue online, in person, or by phone. PACER offers online access overviews of bankruptcy cases. Parties can also visit the court clerk's office and use the public terminals on the Pocatello, Coeur d'Alene, and Boise locations. Parties can utilize the automated Voice Case Information System (VCIS) for telephone options by calling (866) 222-8029. The clerk of court can also provide basic case information by phone.

Can a Bankruptcy Be Expunged in Idaho?

Expungement law in Idaho covers state criminal records, non-conviction criminal records such as arrests and summons, and juvenile charges. Declaring federal bankruptcy is not a crime and does not appear on a criminal record, meaning that bankruptcy cases cannot be expunged. However, if a bankruptcy case includes information that is potentially damaging or threatening to the subject, the court may seal the record from public access or redact specific details. If a party feels that a case record should be sealed, they have the right to petition the court.

What is the Downside of Filing for Bankruptcy in Idaho?

After filing for bankruptcy in Idaho, debtors may face the following:

High costs incurred during the bankruptcy procedure –including court and attorney fees – depending on the debtor’s current financial situation

Public disclosure of bankruptcy records (excluding private information) in the federal court and online, unless the court seals the record

Disclosure of bankruptcy information on credit reports for not more than 10 years

Significant fall in previously high or average credit scores

Loss of credit cards and difficulty in getting another

Difficulty in getting mortgages, loans, and other forms of credit

Higher interest rates due to poor credit scores

Bankruptcy status may discourage prospective landlords from renting out properties.

May lead to difficulty in getting a job with managerial or accounting duties, especially if the employer is aware of the record.

Possible loss of assets – including tax refunds – in a Chapter 7 case

Complex and extensive bankruptcy procedure in most bankruptcy procedures, excluding Chapter 7 cases

Possible financial constraints due to Chapter 13 repayment plans and budgeting

Monitoring of business operations and possible loss of managerial control in Chapter 11 bankruptcy

Restrictions on eligibility, bankruptcy protection, and dischargeable debts

Risk of criminal charges if the debtor lies under oath and willfully fails to disclose all assets in order to meet eligibility criteria, reduce monthly payments, or keep assets illegally.

However, interested persons cannot ignore the opportunity for debt relief and other advantages of declaring bankruptcy.

What is Chapter 11 Bankruptcy in Idaho?

Chapter 11 bankruptcy is a reorganization bankruptcy that is common among corporations with large debts. However, this is also available to celebrities, railroad organizations, and other entities that do not qualify for Chapter 13 relief but want to avoid Chapter 7 liquidation. Only stock and commodity brokers cannot file for bankruptcy under Chapter 11 of the Bankruptcy Code. Individuals may choose to file this sort of bankruptcy due to the opportunity to reorganize real estate investments and restructure other debts. Similarly, businesses may file this bankruptcy due to opportunities to reorganize debts while maintaining control of assets and business operations.

Through reorganization, debtors that file Chapter 11 bankruptcy in Idaho can reduce debts and adjust payment length through reducing interest rates, reducing principal amount value, and extending the amortization length on loans. Debtors will have to file a reorganization plan containing these terms and categorization of creditors into priority, unsecured and secured debts, along with a proposed repayment plan. Debtors also have to file a disclosure statement along with other required documents.

However, persons may find the Chapter 11 process complex and expensive, with slow debt settlement that may take from six months to several years, depending on the case. Records of the bankruptcy case shall also be publicly available except otherwise ordered by the court.

Note: A Chapter 11 bankruptcy case may last up to 10 years on an individual’s credit report

What is Chapter 7 Bankruptcy in Idaho?

Chapter 7 bankruptcy in Idaho refers to a legal debt relief option that deals with outstanding payments with liquidation – the sales of debtor’s assets to repay priority and secured creditors. Except in no-asset cases, filers are likely to lose properties due to the settlement method. However, Chapter 7 cases are straightforward and can be completed within four to five months. Moreover, this form of bankruptcy is good for discharging certain debts and helps debtors get a fresh start.

Chapter 7 bankruptcy is available to individuals and business organizations but determined by a means test – a measurement that uses the debtor’s income, household size, and expenses to check if the debtor should file other forms of bankruptcy instead. For instance, persons with high disposable income may file a Chapter 13 bankruptcy. Filers will also have to satisfy the basic requirements, follow court proceedings and provide trustees with requested documents. These documents, excluding some private or financial information, shall be available in the court, except kept under court seal or expunged.

What is Chapter 13 Bankruptcy in Idaho?

Chapter 13 bankruptcy in Idaho is a debt settlement process available to any individual with a regular income, including owners of unincorporated businesses and self-employed persons. However, an individual may not be eligible if:

Unsecured debts exceed $1,257,850 and secured debts exceed $419,275

The debtor had a previous bankruptcy petition dismissed within the preceding 180 days due to willful failure to comply with a court order or failure to appear

The debtor had a previous bankruptcy petition dismissed voluntarily within the preceding 180 days after creditors sought relief to claim properties upon which they held liens.

The debtor did not receive individual or group credit counseling from an approved agency within 180 days before filing.

There are also other factors that may affect eligibility, such as not having enough disposable income to make installment payments or failing to provide the trustee with records of recent tax returns.

This bankruptcy option grants debtors the opportunity to create a repayment plan for settling all or some of their debts through installment payments made biweekly or monthly. Thus, filers can avoid liquidation and maintain assets. However, repayment lasts from three to five years, and discharging debts may be complex. The scope of dischargeable debts may also be smaller compared to Chapter 7 bankruptcy.

Idaho bankruptcy records on Chapter 13 cases are publicly available unless removed or placed under a court seal. On the other hand, a Chapter 13 bankruptcy will last seven years – from the filing date – on the filer's credit report.

What is the Difference Between Chapter 7 and Chapter 13 Bankruptcy in Idaho?

As per the Bankruptcy Code, Chapter 7 and Chapter 13 bankruptcy cases in Idaho have the following differences:

Both have different eligibility requirements. Chapter 7 is income-based, while Chapter 13 has a secured and unsecured debt limit.

Only individuals and sole proprietors may apply for debt relief under Chapter 13 of the Bankruptcy Code, whereas Chapter 7 is available to any entity that passes the means test.

Chapter 7 bankruptcy involves liquidation of non-exempt assets, unlike Chapter 13 cases which do not involve liquidation but require debtors to file and follow a repayment plan.

The two different approaches to debt settlement have unique advantages or disadvantages, depending on the debtor's situation. For instance, Chapter 7 is quick but puts debtors at risk of losing valuable assets, while Chapter 13 takes much more time but helps safeguard debtor's properties.

Creditors can file a Chapter 7 petition, whereas they cannot do so in Chapter 13 cases.

Getting a Chapter 7 discharge is relatively simpler than getting a Chapter 13 discharge.

The duration a Chapter 7 bankruptcy lasts on the credit report (10 years) is lesser than that of a Chapter 13 bankruptcy (seven years)

What is Bankruptcy Protection in Idaho?

Bankruptcy protection in Idaho is a court action or injunction that halts the creditors' collection activities, such as pending/ongoing foreclosure, harassing calls and mails, repossession, and other activities targeted towards the debtor. An automatic stay is the primary form of protection granted to persons immediately after filing for bankruptcy and often lasts until after discharging debts, excluding repeat cases. This automatic stay prevents creditors from taking certain actions (with exemptions). However, the court may lift the ban if the creditor requests relief and provides valid reasons why collection actions should continue.

What are Idaho Bankruptcy Exemptions?

Idaho bankruptcy exemptions are provisions in the Idaho Statutes or Code that grant the debtor the right to protect or claim certain assets. In a Chapter 7 bankruptcy, the exemption prevents trustees from liquidating certain assets to a certain value. However, in a Chapter 13 bankruptcy, persons may use Idaho bankruptcy exemptions to reduce the value of some properties that the filer has to pay for and, proportionately, the monthly payment amount.

Homestead exemption: Not more than $175,000 in mobile homes or real property; sale profits are exempt for six months. Additional terms for not yet occupied land or mobile home.

Personal property exemption:

Up to $10,000 in mobile vehicle

Up to $1,000 in jewelry

Up to $1,500 in one firearm

The aggregated amount of $7,500 in household appliances, furniture, family portraits, pets, clothing, books, and sentimental heirlooms with the value per item not exceeding $1,000

Water rights not exceeding 160 inches of water for land irrigation and crops cultivated on land not exceeding 50 acres or $5,000

Food and water to cover 12 months of use for debtors or dependents, along with storage containers and shelving

Burial plot

Proceeds from bodily injury or wrongful settlements, judgment, or insurance

The proceeds from property damage are exempted for three months after receiving the money

Building materials

Health aids

College savings program account

Wage garnishment exemption: Thirty times the federal hourly minimum wage or at least 75% of unpaid weekly disposable earnings, whichever is greater. Payment not to exceed $2,500 per year or amount set by the judge for low-income debtors

Tools of trade exemption:

Not more than $10,000 in professional books, implements, and business tools

All uniforms, arms, and gears needed for use as a peace officer, military personnel, or a member of the National Guard

Insurance exemption:

Benefits from group life insurance

Up to homestead exemption ($175,000) in proceeds from sale or homeowner’s insurance on property destruction for the purpose of replacing or restoring property

Proceeds from a life insurance policy for beneficiaries only

Proceeds from a life insurance policy if clause prevents beneficiary's creditors from collecting proceeds

Accrued dividend, interest, or cash value of debtor’s unmatured life insurance, excluding credit life insurance

Up to $1,250 in annuity contract proceeds

Fraternal benefits

Medical savings account and surgical, medical, or hospital care benefits

Death and disability benefits

Pension exemption:

Pensions of police officers, public employees, and firefighters

ERISA-qualified benefits

Private and government retirement plans, pensions, IRAs, etc.

Public benefit exemption:

General assistance

Local, state, and federal public assistance

Veteran’s benefits

Social Security

Workers’ compensation

Aid to the disabled, blind, or aged

Unemployment compensation

Earned income tax credit

Wildcard exemption: Aggregate interest of up to $1,500 in any tangible property

Miscellaneous exemption:

Liquor licenses

Child support and alimony

What are the Other Types of Bankruptcy in Idaho?

According to the U.S. Bankruptcy Code, other types of bankruptcy include:

Chapter 15 bankruptcy: Deals with debt settlement in cases that have debts, creditors, and other interested parties across two or more countries. Chapter 15 of the Bankruptcy Code is also known as ancillary and cross-border bankruptcy.

Chapter 9 bankruptcy: This chapter provides an opportunity for insolvent municipalities to settle debts using reorganization.

Chapter 12 bankruptcy: This chapter provides debt relief opportunities to eligible family farmers and family fishermen through reorganization.

How Much Does It Cost to File Bankruptcy in Idaho

Depending on the form of bankruptcy, the debtor's income and assets, and whether they hire a counsel, filing for bankruptcy in Idaho can be expensive. Idaho charges $335 and $310 in filing costs for Chapter 7 and Chapter 13 bankruptcies, respectively. The cost of hiring a lawyer, whose costs can range from $1,000 to $3,500 or more, can increase the price. Before declaring bankruptcy, you must complete credit counseling, which normally costs $50. There could also be other expenses, such as paying for a credit report or engaging a lawyer to draft your bankruptcy petition. In Idaho, filing for bankruptcy can cost anywhere from a few hundred dollars to several thousand.