- Citation:
- BAP No. CC-13-1297-DPaTa (B.A.P. 9th Cir. Dec. 17, 2013)
- Tag(s):
-
- Ruling:
- AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not err in declining the debtor's request to expunger her bankruptcy filing or to place her bankruptcy documents under seal.
Section 107 of the Bankruptcy Code establishes a general right of public access to bankruptcy filings, with only three exceptions: (1) confidential business information; (2) scandalous or defamatory matter; and (3) means of identification. Each of these exceptions is construed narrowly. Debtor failed to show that the bankruptcy filing documents were defamatory within the meaning of section 107(b)(2). Debtor also failied to show that the bankruptcy filing contained indetifying information that would place her at risk of identity theft. The panel also held that debtor did not show that the documents in her bankruptcy filing contained any information warranting their placement under seal pursuant to Fed. R. Bankr. P. 9037.
- Procedural context:
- Pro se debtor appealed the bankruptcy court's order denying her request to expunge her bankruptcy filing or to place her bankruptcy documents under seal.
- Facts:
- Debtor sought to expunge her bankruptcy filing from PACER and to place all of her bankruptcy case records under seal because the bankruptcy filing had been prejudicial to her employment prospects. In particular, she alleged that she could not obtain senior management positions in her field because such positions required a "clean" credit report. Moreover, debtor further asserted that the bankruptcy filing had been defamatory to her reputation as a young female leader in a male-dominated field. She was also concerned about identity theft, as her personal information was accessible through PACER
- Judge(s):
- DUNN, PAPPAS, TAYLOR
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