Does notifying my kids' mothers of my bankruptcy breach confidentiality?

Question

I recently filed for Chapter 13 bankruptcy, thinking it would remain private. However, I discovered that the law firm handling my case sent official letters to the mothers of my children, informing them about my bankruptcy filing. These letters included details such as accounts and payment arrangements. There are no legal agreements or obligations between me and my children's mothers that would necessitate this disclosure. We did not discuss sharing this information with anyone. Was this disclosure necessary, and does it constitute a breach of attorney-client confidentiality?

Timothy Denison · Answer

No.  The filing of a bankruptcy is public record and thus does not constitute a breach of attorney client privilege.

John Spalding · Answer

No, it's not a breach b/c bankruptcies are public matters and b/c the communications you're talking about likely came from the court itself during the normal course of administering you case. One thing the clerk assigned to your case does is send notice to every party in interests (creditors, landlords, lawyers with an interest, other courts, and yes people you might not want to know about your filing etc). Since you would have have signed this petition, which includes the creditor matrix with noticing parties, you can't allege a breach under these facts. 
Now, if the mothers of your children were *not* included as parties to be noticed, *and* your lawyer sent them information about your bankruptcy, then you begin to enter the area of ethical interest described by James L. Arrasmith. Still, as your matter is public....

James L. Arrasmith · Answer

The disclosure of your bankruptcy to your children's mothers could raise genuine concerns, but it likely does not constitute a breach of attorney-client confidentiality. Attorney-client confidentiality applies specifically to information shared privately between you and your attorney, preventing them from revealing your personal communications or private legal strategy without your consent. 
 
However, bankruptcy proceedings themselves are public record, meaning details like your Chapter 13 filing, accounts, and payment arrangements can be openly accessed by interested parties. If the mothers of your children have a financial interest or involvement that could impact child support obligations or other financial matters, they might legally need to be informed by your attorney as creditors or interested parties. If no such financial interest exists, you may have valid grounds to question the necessity of directly notifying them. 
 
You should promptly discuss this matter with your attorney, clearly expressing your concerns about privacy and exploring whether such disclosure was necessary or appropriate under your particular circumstances. If the disclosure was inappropriate, your attorney might need to rectify the situation and take steps to prevent future unnecessary disclosures.

Q: Does notifying my kids' mothers of my bankruptcy breach confidentiality?