Rule 9037(h) which becomes effective December 1, 2019, adds a subsection providing redaction procedures for personal identifiers contained in documents previously filed in CM/ECF without complying with Bankruptcy Rule 9037 redaction requirements. This change will affect the filing process for Motions to Redact.
The proposed rule requires immediate restriction of public access to the motion and the unredacted original document(s). Access to those documents remains restricted if the court grants the Motion to Redact, and court staff will docket the redacted document.
In the future, all Motions to Redact should include:
a. The motion to redact identifying the proposed redactions;
b. Include in the motion the document number or claim number of the previously filed unredacted document(s);
c. When docketing the Motion to Redact, upload the motion as the main document and add the proposed redacted document as an attachment to the motion. The redacted document must be an exact copy of the original document with the personal identifiers redacted as follows:
(i) all but the last four of a person’s social security number or taxpayer identification number (ex: xxx-xx-1234);
(ii) all but the year of an individual’s birth (ex: xxxx x, 1995);
(iii) all but a minor child’s initials (ex: Txxxxxx Hxxxxxxx);
(iv) all but the last four digits of a finance account number, unless the account number identifies property that is the subject of forfeiture in a forfeiture proceeding (ex: bank account # xxxx xxxx xxx 3218).
d. A certificate of service showing both the motion and the attachment have been served on the debtor, debtor’s attorney, trustee, BA, the filer of the unredacted document, and any individual whose personal identifying information is to be redacted.
If the Motion to Redact and redacted document do not contain all the required information, the court will send the filer a Notice of Deficient Filing or Incorrect Event. The filer will have two business days to correct the error.
Note: No fee shall be collected or replacement document filed from a party seeking to redact his or her protected information unless it is the party who filed the previous (unredacted) document.