Redacted Documents

Answer:

When a document is redacted, it means that certain text contained in a document filed with the Court is concealed from view for privacy protection.  This is an example of how a redaction will appear on a document; with the private information concealed: .

Before a document is filed it must be redacted in accordance with Federal Rule of Bankruptcy Procedure 9037 to protect information known as “personal data identifiers” such as, social security and tax identification numbers, birthdates, names of non-debtor minors and financial-account numbers.

Answer:

To file documents containing redacted information other than the “personal data identifiers” listed in Bankruptcy Rule 9037, you must obtain Court approval by filing a Motion to File Redacted Document in accordance with the Court’s procedures for Electronically Filing Sealed and Redacted Documents.  There is no fee to file a Motion to File Redacted Document.

Answer:

To redact information contained in a document that is already on file with the Court, you must file a Motion to Redact in accordance with the Court’s Interim District Procedure for Motions to Redact

Answer:

Yes, a fee is due when a Motion to Redact is filed.  For information on fees, see the Court Fee Schedule.

Answer:

The judge may waive the fee under appropriate circumstances, in accordance with the Bankruptcy Court Miscellaneous Fee Schedule (see Item 21).

Answer:

Yes, the fee is due at the time the Motion to Redact is filed.  The ruling on the Motion does not impact collection of the fee.

Answer:

If your amended Motion to Redact does not include additional documents to be redacted, there is no additional fee due.

A new Motion to Redact should be filed if your amended motion includes additional documents for redaction that were not identified in the first Motion, and the appropriate fee should be paid.

Answer:

Yes, when multiple parties file separate motions to redact in the same case, the filing fee is due for each individual motion.

Answer:

Yes, a Motion to Redact may identify several documents on file in the same case for redaction.  In such instances, the filing fee is due for the one Motion to Redact.  

Answer:

No, reopening a closed case is not required, and so a reopening fee is not due.  In accordance with the Bankruptcy Court Miscellaneous Fee Schedule (see Item 11), in the event it becomes necessary to reopen a case 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.

Answer:

No, a Motion to Redact must be filed directly in each affected case, and the filing fee applies to each Motion to Redact.

Answer:

No, the responsibility to redact documents rests with counsel, parties, and others who make filings with the Court.