11-U.S.C.-107
§107 – Public Access to Papers
Pathway
Title 11 > Chapter 1 > Section 107
Details
- Reference: Section 107
- Legend: §107 – Public Access to Papers
- USCode Year: 2013
Provision Content
(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 courts 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 individuals 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.
(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.)
Historical and Revision Notes
senate report no. 95–989
Subsection (a) of this section makes all papers filed in a bankruptcy case and the dockets of the bankruptcy court public and open to examination at reasonable times without charge. Docket includes the claims docket, the proceedings docket, and all papers filed in a case.
Subsection (b) permits the court, on its own motion, and requires the court, on the request of a party in interest, to protect trade secrets, confidential research, development, or commercial information, and to protect persons against scandalous or defamatory matter.
Amendments
2010—Subsec. (a). Pub. L. 111–327 substituted subsections (b) and (c) for subsection (b) of this section.
2005—Subsec. (a). Pub. L. 109–8, §234(c), which directed the substitution of subsections (b) and (c), for subsection (b),, could not be executed because subsection (b), did not appear in text.
Pub. L. 109–8, §233(c), inserted and subject to section 112 after section.
Subsec. (c). Pub. L. 109–8, §234(a), added subsec. (c).
Effective Date of 2005 Amendment
Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.
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