FOIA Advisor

Q&A: closed bankruptcy case

Q&A (2015-2023)Allan BlutsteinComment

Q. Can FOIA be used to get a document or documents from a closed bankruptcy case?

A. The federal Freedom of Information Act does not apply to records maintained by federal courts, including bankruptcy cases.  If the bankruptcy records you seek are more than 15 years old, you may request them through the National Archives and Records Administration (NARA).  See http://www.archives.gov/research/court-records/form-90.pdf. Federal court records that are less than 15 years are not maintained by NARA, but are still in the possession of individual federal courts.  You can locate a federal court case by using the Public Access to Court Electronic Records (PACER) or by visiting the Clerk’s Office of the courthouse where the case was filed.  See http://www.uscourts.gov/courtrecords/find-case-pacer.