Limits On Access Under Bankruptcy Rule 7005
Bankruptcy Rule 7005, which incorporates Federal Rules of Civil Procedure 5 (Federal Rule 5) also provides some limit on access to documents filed in adversary proceedings in bankruptcy court. Federal Rule 5 provides:
Rule 5. Serving and Filing Pleadings and Other Papers
(d) Filing; Certificate of Service. All papers after the complaint required to be served upon a party, together with a certificate of service, must be filed with the court within a reasonable time after service, but disclosures under Rule 26(a)(1) or (2) and the following discovery requests and responses must not be filed until they are used in the proceeding or the court orders filing: (i) depositions, (ii) interrogatories, (iii) requests for documents or to permit entry upon land, and (iv) requests for admission.
Federal Rule 5 provides some protection to personal information that is disclosed in discovery, but not used in the course of litigation. However, Bankruptcy Rule 7005, which incorporates Federal Rule 5, applies only to adversary proceedings in bankruptcy court. Many issues in bankruptcy court, such as the validity of claims and exemptions, are litigated as contested matters and not as adversary proceedings. Because there is no prohibition against filing discovery materials obtained during the course of contested matters, additional personal financial information may become part of the court record.
|