Motion to Redact Filing per Rule 9037(a)

Last Updated:  November 30, 2012

Updates: 

11/30/2012-updated background, steps and included examples

Created: May 6, 2010

This procedure applies to all filers (attorneys, creditors, Limited Filers and pro se parties).  

Background:

Administrative Procedures for CM/ECF and Local Rule 9037-1

A motion to redact the personal information prohibited under Fed. R. Bankr. P. 9037(a) should be filed without a notice of motion and without serving other parties. The motion must be accompanied by a redacted version of the filed document and a proposed order requiring the clerk to substitute the redacted document for the unredacted document. The judge should rule on the motion as soon as possible without holding a hearing unless there appears to be a reason to deny the motion, in which case the judge should set the matter for a hearing with the movant as soon as possible. Any registrant or limited registrant may file a motion to redact.

A separate motion should be filed for each matter.

Effective November 5, 2012, this motion is restricted so that ONLY the filer of the motion and Court personnel can view the motion. This will insure that any private information that may be included in the motion or any attachments is not available to the public.

External users, other than the filer, who try to view the motion will now see the message: The document is not available.

Limited Filers

An attorney must file the motion on behalf of Limited Filers.  

Out of state Limited Filers;

• can mail in the motion, if the attorney representing you is not an ECF filer with our district.

Step-by-Step Procedures:

1. Select [Bankruptcy>Motions/Applications]

2. Enter case number and click Next

3. Select Redact Filing per Rule 9037(a) from pick list and click Next

4. Select Party from party pick list or Add/create new party

5. Click Next

   The Attorney/Party Association screen may appear.  

   • If attorney represents the party selected, click the box to create the association

   • If attorney does not represent the party selected, do not click the box

     Click Next

6. The PDF Document Selection screen will display

   • Click Browse button and navigate to locate the appropriate document/file
   • Highlight filename
     Right click on filename
     Select Open
     Review document
     Close windowView file to verify the correct file is being selected
   • Click Open button and filename will appear in the browse window
   • Attach Proposed Order

7. The next page will display the following alert:

   Alert:Check the box on the next page to relate to a document on the docket.

   If the document to be redacted is not on the docket, enter description of document here (i.e. Proof of Claim #7 filed by GMAC):

    

   • Complete the text box if applicable
   • Click Next

8. Click Refer to existing event(s) box to relate the motion to the related document

Note: Do not check this box if the related document is not on the docket.

9. Click Next

10. The Modify Text page will display.  Click down arrow to select a prefix if applicable.

    Basic Examples: 

    If you checked the box in Step 8, Refer to Existing Documents: 

    Motion to Redact Filing per Rule 9037(a) (RE: related document(s)[10] Motion for Relief from Stay). Filed by (name) on behalf of (name) . (Attachments: # (1) Proposed Order) (name)

     

     

    If you did not check the box in Step 8, Refer to Existing Documents: 

    Motion to Redact Filing per Rule 9037(a) . RE: Proof of Claim #7 filed by GMAC Filed by (name) on behalf of (name) . (Attachments: # (1) Proposed Order) name)

    Click Next

11. The Final Text page will display.  This is your final opportunity to modify the entry before submitting the filing.

    Verify the accuracy of the docket text

12. Click Next to complete filing process

The Notice of Electronic Filing will display.  It is the verification that the filing has been sent electronically to the court.

Copies of this notice and the document filed are emailed to all participants who receive electronic notification in the case.  You have a period of 15 days for a one time free look at the document filed.