Redaction Procedures
Before a document is filed, it must be redacted in accordance with Federal Rule of Bankruptcy Procedure 9037. This protects certain information, known as "personal data identifiers," from being inadvertently exposed to the public.
Redacting a Document That Has Already Been Filed
A party must file a motion to redact and pay the required fee in each case it wishes to redact a previously filed document. If there are multiple documents requiring redaction in a single case, there is only one fee.
In accordance with Rule 9037(h), the motion to redact must:
- Identify the information proposed for redaction;
- State the docket number(s) or proof-of-claim number(s) (as applicable) of the previously filed unredacted document(s);
- Include as a separate attachment a proposed redacted version of the document(s) or proofs of claim; and
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Be served on the following parties:
- The debtor(s);
- The debtor's attorney, if any;
- The case trustee, if any;
- The United States Trustee;
- The filer of the unredacted document; and
- Any individual whose personal identifying information is to be redacted.
This redacted version of the document must otherwise be identical to the previously filed unredacted document(s) or proofs of claim. The Court will not substitute a single page in a longer document; the entire offending document must be resubmitted even if only one page requires a redaction.
To file a motion to redact in CM/ECF, select the event "Motion to Redact (Fee Per Case)." The Court will promptly restrict access to the underlying document. A proposed order may be submitted the same day as the motion in accordance with General Order 12.
Frequently Asked Questions
Will the Court redact a document for a filer?
- No. A redacted version of the document must be attached to the motion to redact.
If only one page in a 10-page document needs redacted, can that single redacted page be submitted as part of my motion?
- No. The Court will not substitute a single page in a longer document; the entire offending document must be resubmitted even if only one page requires a redaction.
May the filing fee be waived?
- The fee may be waived "under appropriate circumstances." (See Bankruptcy Court Miscellaneous Fee Schedule Item 21).
Must a case be reopened to file a motion to redact?
- No. In accordance with the Bankruptcy Court Miscellaneous Fee Schedule Item 11, if a case must be reopened solely to redact information pursuant to Federal Rule of Bankruptcy Procedure 9037, a reopening fee is not charged. A fee for filing the motion to redact still applies.
I need to redact a large number of documents in multiple cases. Can I file an omnibus motion?
- Filers who seek to redact documents in a large number of cases should contact the Clerk’s Office. A miscellaneous proceeding may be opened upon approval of the Chief Judge.