Local Rule 9037-1: Protection of Personal Privacy

Local Rule 9037-1 Protection of Personal Privacy

(a) Retention/Destruction of Personally Identifiable Information. Trustees are authorized in their discretion to destroy physically or otherwise dispose of any documents, or copies of such documents, in their possession, regardless of format or medium, that may contain any personally identifiable information as that term is defined by 11 U.S.C. § 101(41A). This authorization includes, but is not limited to, the destruction or other disposition of income tax returns, Social Security identification cards, driver's licenses, identification cards, and payroll advices.

(b) Compliance. It is the sole responsibility of counsel and the parties to ensure that personal identifiers are redacted from documents filed with the court pursuant to Federal Rule of Bankruptcy Procedure 9037. The Clerk of Court will not review documents filed for compliance with this local rule or otherwise attempt to ensure limited publication.

(c) Ex Parte Motions to Redact Personal Information. If a party files documents that contain information that should be redacted from public access pursuant to Rule 9037, the party shall file an ex parte motion requesting an order directing the Clerk of Court to restrict the unredacted document and the party shall thereafter separately tender a proposed order granting the same. Simultaneous with the filing of the ex parte motion, the party shall file an amended redacted document. The Clerk may restrict public access to the unredacted document pending entry of an order granting the ex parte motion. If the case has been closed and the relief sought is limited to restricting access to the unredacted document and filing the redacted document, the movant is not required to file a motion to reopen or pay the fee associated with reopening a case.

(d) Transcripts. Before the court enters a transcript on the docket, it will provide notice to the relevant parties and allow 7 days for requests to redact personal identifiers, including Social Security numbers, financial account numbers, names of minor children, and dates of birth. If the court does not receive a request for redaction, it will docket the transcript in its entirety. Counsel or pro se parties who proffer a witness will be responsible for contacting the witness regarding the redaction of personal identifiers.