|
Limits on Access to the Debtor’s Personal Information
Limits on Access Under Bankruptcy Code § 107(b)
As described above, there are some limitations under §107 as to what material becomes part of the public record. Specifically, §107(b) provides:
(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.
Whether certain information at issue falls under the §107(b) exception is a question of fact to be determined by the court. Section 107(b) is generally viewed as a restriction on the general public’s right of access warranted only when dissemination of the subject information risks substantial and serious harm and there is no less intrusive means of protection. Some bankruptcy courts apply a balancing of interests approach even when information is sought that falls squarely within a §107(b) exception.
|