Confirms a business owner or officer’s name, alias, phone, address, Social Security Number, relationship to any corporation and partnership, bankruptcy, lien and judgment records as well as personal and real property ownership.
This service can also be added to a due diligence search package for consideration when evaluating a business transaction or purchase.
Information about Bankruptcy Searches
Chapter 7 – The most common types of bankruptcy for individuals is Chapter 7 bankruptcy. Filing a petition under chapter 7 automatically stops most collection actions against the debtor or the debtor’s property. The stay may be effective only for a short time in some situations. As long as the stay is in effect, creditors generally may not initiate or continue lawsuits, wage garnishments, or even telephone calls demanding payments. Essentially, this type of bankruptcy allows for the trustee in the case to sell off any unprotected assets to benefit the creditor. Often, people who file a Chapter 7 bankruptcy do not have many unprotected assets to sell. With the application of exemptions, it is very common for debtors to have a “no asset chapter 7″ case, which means the creditors will not be receiving any money from the bankruptcy estate. As for benefits for the debtor, it allows the debtor to no longer be responsible for any unsecured debts, such as credit card bills and medical bills. Chapter 7 bankruptcy can be used by individuals who are personally filing, and it can also be used by business owners who want to liquidate their companies.
Chapter 11 – Chapter 11 bankruptcy applies to corporations, partnerships, and businesses. This type of bankruptcy usually includes a plan of reorganization to keep the business alive, and provides the opportunity for the business to pay off debts over a period of time. Corporations often utilize Chapter 11 bankruptcy for relief, but people in businesses and individuals can also file for a Chapter 11 bankruptcy.
Chapter 12 – Chapter 12 bankruptcy is less common, and provides for adjustment of debts of a “family farmer” or “family fisherman” as those terms are defined in the Bankruptcy Code.
Chapter 13 – A Chapter 13 bankruptcy varies from a Chapter 7 bankruptcy, in that it provides for the adjustment of debts for individuals with regular income. This allows individuals to pay back their debts over time, usually three to five years, through a Chapter 13 plan payment. Filing the petition under chapter 13 automatically stops most collection actions against the debtor or the debtor’s property. Filing the petition does not, however, stay certain types of actions. As long as the stay is in effect, creditors generally may not initiate or continue lawsuits, wage garnishments, or even make telephone calls demanding payments. The bankruptcy clerk gives notice of the bankruptcy case to all creditors whose names and addresses are provided by the debtor. This type of bankruptcy is especially beneficial to individuals with over-median income, and individuals who have large amounts of arrears on their homes and/or cars.
Judgements and Liens
A judgment is synonymous with the formal decision made by a court following a lawsuit. At the same time the court may also make a range of court orders, such as imposing a sentence upon a guilty defendant in a criminal matter, or providing a remedy for the plaintiff in a civil matter.
a lien is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. The owner of the property, who grants the lien, is referred to as the lienor and the person who has the benefit of the lien is referred to as the lienee.
What is the difference between a judgement and a lien?
A judgement is usually made against the person who owns the property, while the lien is made against the property. In other words, the judgement comes first, then the lien. The lien must be satisfied (paid) first when the property is sold or transferred.