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Procedure for Requiring the Filing of Redacted Documents

Local Rule Number: 
Rule 9037-1
9000 Series

A party seeking to redact personal information as set forth in Local Rule 5005-1(A)(2) may file an ex parte motion, with the proposed redacted document attached as an exhibit, accompanied by the required filing fee, requesting an order directing the clerk to restrict the unredacted document from public view. If the motion is being filed in a closed case, a motion to reopen case is not required if the sole purpose of the reopening is to file a motion to redact personal information. Simultaneously with the filing of the ex parte motion, the movant must upload a proposed order granting the ex parte motion. Within five business days of entry of an order granting the ex parte motion, the movant must file, as a separate document, the redacted document. Except for redaction of personal identifiers, the redacted document must be identical to the one previously filed.  The clerk will restrict public access to the unredacted document containing personal identifiers pending entry of an order granting the ex parte motion. If the document requiring redaction is a proof of claim, the filer of the original proof of claim must file a redacted proof of claim. Unless the motion is being filed under seal, the motion should not repeat the actual personal information for which redaction is sought. A copy of the motion and entered order must be served by the movant on the debtor, debtor’s attorney, filer of the unredacted document, any individual whose personal identifiers have been exposed, the case trustee (if any), and the U.S. trustee. The original filed document will remain restricted to preserve the full record.

☞ 2020 Amendment: The 2020 Amendment clarifies the procedure for restricting filings that contain personal information, and moves the amended rule to Local Rule 9037-1 to be consistent with the Federal Rules of Bankruptcy Procedure which provides for privacy protection for filings made with the court in Rule 9037. The moving party must now file – as a separate docket entry – the redacted document in substantially identical form (with the appropriate redaction of PII) to the document previously filed, within 5 business days of the entry of the order granting the motion.  New Local Rule 9037-1 make clear that the order on the motion to redact must also be served on the debtor’s attorney and the filer of the unredacted document.