Rule 9037 — Protecting Privacy for Filings

Fed. R. Bankr. P. 9037

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 9037
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 9037

Text

(a) REDACTED FILINGS. Unless the court orders otherwise, in an
electronic or paper filing with the court that contains an individ-
ual’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 a social-security1 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.
(b) EXEMPTIONS FROM THE REDACTION REQUIREMENT. The redac-
tion requirement does not apply to the following:
(1) a financial-account number that identifies the property
allegedly subject to forfeiture in a forfeiture proceeding;
(2) the record of an administrative or agency proceeding, un-
less filed with a proof of claim;
(3) the official record of a state-court proceeding;
(4) the record of a court or tribunal, if that record was not
subject to the redaction requirement when originally filed;
(5) a filing covered by (c); and
(6) a filing subject to §110.
1So in original. Probably should be followed by ‘‘number’’.

(c) FILINGS MADE UNDER SEAL. The court may order that a filing
be made under seal without redaction. The court may later unseal
the filing or order the entity that made it to file a redacted ver-
sion for the public record.
(d) PROTECTIVE ORDERS. For cause, the court may by order in a
case:
(1) require redaction of additional information; or
(2) limit or prohibit a nonparty’s remote electronic access to
a document filed with the court.
(e) OPTION FOR ADDITIONAL UNREDACTED DOCUMENT UNDER SEAL.
An entity filing a redacted document may also file an unredacted
copy under seal. The court must retain the unredacted copy as
part of the record.
(f) OPTION FOR FILING A REFERENCE LIST. A filing that contains
redacted information may be filed together with a reference list
that identifies each item of redacted information and specifies an
appropriate identifier that uniquely corresponds to each item list-
ed. The list must be filed under seal and may be amended as of
right. A reference in the case to a listed identifier will be con-
strued to refer to the corresponding item of information.
(g) WAIVER OF PROTECTION OF IDENTIFIERS. An entity waives the
protection of (a) for the entity’s own information by filing it with-
out redaction and not under seal.
(h) MOTIONTOREDACTAPREVIOUSLYFILEDDOCUMENT.
(1) Content; Service. Unless the court orders otherwise, an en-
tity seeking to redact from a previously filed document infor-
mation that is protected under (a) must:
(A) file a motion that identifies the proposed redactions;
(B) attach to it the proposed redacted document;
(C) include the docket number—or proof-of-claim num-
ber—of the previously filed document; and
(D) serve the motion and attachment on:
• the debtor;
• the debtor’s attorney;
• any trustee;
• the United States trustee;
• the entity that filed the unredacted document; and
• any individual whose personal identifying informa-
tion is to be redacted.
(2) Restricting Public Access to the Unredacted Document; Dock-
eting the Redacted Document. Pending its ruling, the court must
promptly restrict access to the motion and the unredacted
document. If the court grants the motion, the clerk must
docket the redacted document. The restrictions on public ac-
cess to the motion and unredacted document remain in effect
until a further court order. If the court denies the motion, the
restrictions must be lifted, unless the court orders otherwise.
(Added Apr. 30, 2007, eff. Dec. 1, 2007; amended Apr. 25, 2019, eff.
Dec. 1, 2019; Apr. 2, 2024, eff. Dec. 1, 2024.)