Section 107: Public Access to Papers

 

Title 11 of the United States Code - Bankruptcy GENERAL PROVISIONS – CHAPTER 1

Public Access to Papers - Section 107

11 USCS § 107


a) Except as provided in subsections (b) and (c)[,] of this section and subject to section 112 [11 USCS § 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 [18 USCS § 1028(d)]) 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 [28 USCS § 586(f)]--

      (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.


Further Understanding Through Case Law

Qualify for Protection

“To qualify for protection under the § 107(b)(2) exception for defamatory material, an interested party must show (1) that the material at issue would alter his reputation in the eyes of a reasonable person, and (2) that the material is untrue or that it is potentially untrue and irrelevant or included for an improper end.

In re Gitto Glocal Corp. 422 F.3d 1 (2005) 

Construction

“Therefore, the district court properly held that courts interpreting Sec. 107(b) need not require that commercial information be the equivalent of a trade secret before protecting such information.”

In re Orion Pictures Corp. 21 F.3d 199 (1994)


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