Anyone ever had any luck filing a 'motion to seal' BK records from Pacer?

[awnmwn]

We knew our recent BK filing (Chp 7) would be public record, but didn't realize that more than just our filing & dates would be made public. We aren't concerned about someone going to the actual courthouse & digging for the info, but more so someone being 'nosey' online & using Pacer or other locators.

Have any of you had your BK records sealed or attempted to???

[SMinGA]

My best guess - and it is purely a guess - is that its not possible. My logic is that there are known celebrities who have filed, and their files are available on Pacer assuming you search in the right district court. I'm guessing that if it was possible to get the records sealed, celebrities would have done so.

[BKOnce]

"Freedom of Information" Act (or FIA) is a federally-mandated law and all states/Fed agencies must abide (meaning everyone of public can request to see or inspect either by email, web, or letter resquesting those public information pertaining to any person and/or agency that are considered general public to be disclosed)

[Logan]

I can't believe you're even having this discussion. This is a FREE country and I should be free to see all of YOUR BK records. (sarcasm)

Logan

[justbroke]

You can't seal any document unless it contains case information from a family court, contains names of minor children, a will (before the testator has succumbed), or other items protected under law. Even as such, some things may only be subjected to redaction.

Where you work, how much you make, and the frequency of the same, is not something they would allow to be sealed.

[tigergem]

Yeah, I was a little torqued that a full itemized description of procedures I had done during an emergency room visit was submitted with one of my creditor's claims. But my outrage was just a matter of principle. There is nothing very embarrassing or revealing contained the itemization. It's not that big of a deal, really.

[awnmwn]

Our attorney is looking into it now......my husband's check stubs that are showing also include our checking account number(direct deposit allocations).

Along with the privacy issue, he's been a victim of identity theft twice---3 years apart....& we still don't know how they accessed his SSN (in another state we've never even visited).

[justbroke]

You can file a Motion to Restrict Public Access -- which is something I just did for a Claim -- and then file a proposed Order granting a redaction of the information. At least, that's the process in my District.

[HHM]

Most you can do is get certain information redacted that shouldn't be public in the first place.

See BK code section 107 (when was the last time anyone read that section...) That section outlines what can be redacted.

Aside from trade secrets, defamatory material and your SSN, pretty much everything else is public record.

[justbroke]

HHM is right. Just refer to FBRP (Federal Rules of Bankruptcy Procedure) Rule 9037. I haven't read 11 USC 107, but am familiar with the Rule 9037 variances...

FRBP 9037 (a) Redacted filings.

Unless the court orders otherwise, in an electronic or paper filing made with the court that contains an individual's social-security number, taxpayer-identification number, or birth date, the name of an individual, other than the debtor, known to be and identified as a minor, or a financial-account number, a party or nonparty making the filing may include only:

(1) the last four digits of the social-security number and taxpayer-identification number;

(2) the year of the individual's birth;

(3) the minor's initials; and

(4) the last four digits of the financial-account number.