- Section 107 of the Bankruptcy Code provides that generally all papers you file in a bankruptcy case are available to the public for viewing. A person or entity can view such public records at a reasonable time at the bankruptcy court or on the court's electronic case filing system.
- If your bankruptcy paperwork contains information about trade secrets, confidential research and development or confidential commercial information, you can file a motion with the court to protect that information from public scrutiny.
- If your bankruptcy paperwork or any papers another entity files in your case contain scandalous materials or defamatory language, you can file a motion with the court to protect that information from the public.
- The bankruptcy court can protect any paperwork that contains identifying information, such as a Social Security number, date of birth, driver's license number or taxpayer identification number if the court finds that revealing this information would cause you an undue risk of identity theft or other unlawful injury. However, the police or the government may ask the court for such protected information if the requesting entity is acting in its official capacity.
- Your bankruptcy trustee, the Office of the United States Trustee, your bankruptcy administrator or a U.S.Trustee-appointed bankruptcy auditor has access to all of the information in your bankruptcy paperwork, including that information that the court may protect from the public. These bankruptcy officers must keep such information confidential, however, and cannot disclose the information to anyone.
Public Records
Exception: Proprietary Information
Exception: Scandalous or Defamatory Matters
Exception: Protection from Identity Theft or Other Unlawful Injury
Officers of the Bankruptcy Estate
SHARE