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Privacy-Related Amendments to Federal Rules of Bankruptcy Procedure
The Judicial conference has approved proposed amendments to Rules 1005, 1007,
and 2002 of the Federal Rules of Bankruptcy Procedure and to several Official
Bankruptcy Forms, which will implement the Conference policy on privacy and
public access to electronic case files. Barring Congressional action, these
amendments will take effect December 1, 2003.
Key changes resulting from the privacy amendments include the following:
• The court shall collect the debtor’s full nine-digit Social
Security number but display only the last four digits on all public documents.
In accordance with Rule 2002, the Notice of the 341(a) Meeting of Creditors
that is mailed to all creditors and parties in interest will include the full
social security number, but the copy maintained in the court case file will
contain only the last four digits of the social security number.
• Official Form 1, Voluntary Petition, will be revised to
require only the last four digits of the social security number.
Amendments to Rule 1007 will require debtors to submit to the clerk’s
office a new form, “Statement of Social Security Number”
(Form B21), which is a verified statement containing the full nine-digit
social security number. This document will not be made part of the
official case file available to the public at the clerk’s
office or over the Internet.
•
Official Form 16A, Caption (Full), will be amended to include only the last
four digits of the debtor’s social security number. Accordingly, subsequent
notices (after the Section 341 notice) will either include the last four
digits or none if Official Form 16B, Caption (Short Title), is used.
• Official Form 10, Proof of Claim, will require a wage creditor to
disclose only the last four digits of the creditor’s social security
number.
Attorneys and pro se filers, not the clerk, are responsible for redacting
social security numbers and other personal identifiers such as dates of birth,
financial account numbers, and names of minor children in documents they file
with the court. Additionally, in compliance with the E-government Act of 2002,
a party wishing to file a document containing personal data identifiers may
file an unredacted document under seal. This document shall be retained by
the court as part of the record. The court may, however, also require the party
to file a redacted copy for the public file.
The amended bankruptcy forms as well as Form
B21 must be used beginning December
1, 2003. In addition, all other documents filed on or after that date should
not contain the debtor’s full social security number. Information regarding
the entirety of the Rule and Form amendments, including the new privacy requirements,
is available on the Federal Rulemaking page of the Judiciary’s website
at http://www.uscourts.gov/rules/index.html. Click on “Pending Rules
Amendments Waiting Final Action,” and then select “Amendments Submitted
to the Judicial Conference (Sept. 2002).”
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