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11 U.S.C. § 107Public access to papers

submitted 48 years ago by Pub. L. 95-598 to r/title-11-BANKRUPTCY · 285 words · no verdicts yet

in plain englishAI-generated · not legal advice

Bankruptcy court filings and dockets are public records that anyone can view for free. Courts can still protect trade secrets, scandalous material, or information that risks identity theft. Government trustees and auditors always keep full access to every filed paper.

(a) Except as subsections (b) and (c) say, and subject to section 112, a paper filed in a bankruptcy case and the bankruptcy court's dockets are public records. Any entity can look at them, at reasonable times, for free. (b) If a party in interest asks — or on its own — the bankruptcy court shall or may: (1) protect an entity's trade secrets or confidential research, development, or business information; or (2) protect a person from scandalous or defamatory material contained in a filed paper. (c) (1) For good cause, the court may protect an individual's information if disclosing it would create an undue risk of identity theft or other unlawful harm to the person or their property. This covers (A) any "means of identification," as defined in 18 U.S.C. 1028(d), in a filed or to-be-filed paper, and (B) other information contained in that same paper. (2) If an entity acting under a domestic government's police or regulatory power applies ex parte (without notice to the other side) and shows good cause, the court shall give it access to the protected information anyway. (3) The United States trustee, bankruptcy administrator, trustee, and any auditor serving under 28 U.S.C. 586(f) shall always have full access to everything filed in the case, but they shall not disclose information the court has specifically protected.
the actual law source: uscode.house.gov ↗public domain
(a)

Except as provided in subsections (b) and (c) and subject to section 112, a paper filed in a case under this title and the dockets of a bankruptcy court are public records and open to examination by an entity at reasonable times without charge.

(b)

On request of a party in interest, the bankruptcy court shall, and on the bankruptcy court’s own motion, the bankruptcy court may—

(1)

protect an entity with respect to a trade secret or confidential research, development, or commercial information; or

(2)

protect a person with respect to scandalous or defamatory matter contained in a paper filed in a case under this title.

(c)
(1)

The bankruptcy court, for cause, may protect an individual, with respect to the following types of information to the extent the court finds that disclosure of such information would create undue risk of identity theft or other unlawful injury to the individual or the individual’s property:

(A)

Any means of identification (as defined in section 1028(d) of title 18) contained in a paper filed, or to be filed, in a case under this title.

(B)

Other information contained in a paper described in subparagraph (A).

(2)

Upon ex parte application demonstrating cause, the court shall provide access to information protected pursuant to paragraph (1) to an entity acting pursuant to the police or regulatory power of a domestic governmental unit.

(3)

The United States trustee, bankruptcy administrator, trustee, and any auditor serving under section 586(f) of title 28

(A)

shall have full access to all information contained in any paper filed or submitted in a case under this title; and

(B)

shall not disclose information specifically protected by the court under this title.

Source credit: (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2556; Pub. L. 109–8, title II, §§ 233(c), 234(a), (c), Apr. 20, 2005, 119 Stat. 74, 75; Pub. L. 111–327, § 2(a)(5), Dec. 22, 2010, 124 Stat. 3557.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-598 · 92 Stat. 2556
  • 2005Amended · Pub. L. 109-8 · 119 Stat. 74, 75
  • 2010Amended · Pub. L. 111-327 · 124 Stat. 3557

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-598 on 1978-11-06.

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