§107 — Title 11 Bankruptcy | U.S. Code

Summary

Papers filed in a bankruptcy case and the court’s dockets are public records. A person or organization may look at them at reasonable times for free, unless the court limits access under what follows or under section 112. If a party asks, the court must protect trade secrets or confidential business, research, or commercial information. The court may also protect someone from scandalous or defamatory statements. For cause, the court may protect personal identifiers (as defined in 18 U.S.C. 1028(d)) and other information that could lead to identity theft or other harm. If someone shows cause in a private request, police or regulators may get access. The U.S. trustee, bankruptcy administrator, trustees, and auditors under 28 U.S.C. 586(f) must have full access to papers but must not disclose information the court has specially protected.

Title 11, §107

Bankruptcy — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

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.

Editorial Notes

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).

Statutory Notes and Related Subsidiaries

Effective Date

of 2005 AmendmentAmendment 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.

§107 Public access to papers

Summary

Title 11, §107

Notes & Related Subsidiaries

Historical and Revision Notes

senate report no. 95–989

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata