The Role of Notaries in Bankruptcy Filings

Filing for bankruptcy is a serious legal step that can provide relief to individuals and businesses facing overwhelming debt. Because bankruptcy filings involve sworn statements, financial disclosures, and court documents, accuracy and authenticity are critical. Notaries play an important supporting role in this process by verifying identities, administering oaths, and ensuring that documents submitted to the court are properly executed.

1. Understanding Bankruptcy Filings

Bankruptcy is a legal process handled through federal bankruptcy courts. Common types include:

• Chapter 7 – Liquidation of assets to discharge eligible debts

• Chapter 13 – Court-approved repayment plan

• Chapter 11 – Business reorganization

Each type requires extensive documentation, including petitions, schedules, affidavits, and declarations. Many of these documents must be signed under penalty of perjury, making notarization an essential safeguard.

2. Why Notarization Matters in Bankruptcy Cases

Notarization helps protect the integrity of the bankruptcy process by:

• Verifying identity – Confirms that the person filing is who they claim to be

• Preventing fraud – Reduces the risk of falsified signatures or false filings

• Confirming voluntary action – Ensures documents are signed knowingly and willingly

• Supporting court requirements – Many bankruptcy-related documents must be notarized before being accepted

• Providing legal credibility – Notarized documents carry more weight in legal proceedings

Since bankruptcy filings directly impact creditors, courts, and financial institutions, notarization adds an essential layer of trust.

3. Common Bankruptcy Documents That May Require Notarization

Notaries may be asked to notarize documents such as:

• Bankruptcy petitions and schedules

• Affidavits and sworn financial statements

• Declarations under penalty of perjury

• Creditor agreements or reaffirmation agreements

• Powers of Attorney authorizing attorneys to act on behalf of the filer

• Settlement or discharge-related documents

While some bankruptcy forms are signed electronically through attorneys, supporting documents often still require traditional notarization.

4. The Notary’s Role in Bankruptcy Filings

When notarizing bankruptcy-related documents, the notary must:

1. Verify the signer’s identity using valid government-issued ID

2. Confirm awareness and willingness to sign the document

3. Administer an oath or affirmation when a jurat is required

4. Complete the correct notarial certificate (acknowledgment or jurat)

5. Apply the official seal and signature

6. Record the notarization accurately in the notary journal

Notaries must remain neutral and impartial and cannot explain bankruptcy law or offer financial advice.

5. Special Considerations for Notaries

• Emotional Sensitivity: Bankruptcy can be stressful and overwhelming. Notaries should remain calm, patient, and professional.

• Accuracy Is Critical: Errors in notarization can delay filings or result in court rejection.

• Confidentiality: Bankruptcy documents contain sensitive financial and personal information and must be handled discreetly.

• Remote Online Notarization (RON): In states where permitted, some bankruptcy documents may be notarized remotely, but acceptance should be confirmed with the attorney or court.

6. Best Practices for Notaries Handling Bankruptcy Documents

• Ensure documents are complete with no blank spaces

• Verify all signer names match exactly with the IDs provided

• Use the correct certificate wording required by state law

• Maintain detailed journal entries for high-risk or court-related notarizations

• Decline notarization if the signer appears confused, pressured, or unable to understand what they are signing

Final Thoughts

Notaries play a vital behind-the-scenes role in bankruptcy filings by ensuring documents are properly executed, authentic, and legally valid. While they do not offer legal advice or influence outcomes, their impartial verification helps protect the integrity of the bankruptcy process.

By verifying identities, administering oaths, and maintaining accurate records, notaries help courts, attorneys, and filers move through bankruptcy proceedings with confidence and compliance.