Azusa Bankruptcy Attorney, Bankruptcy Lawyer, Bankruptcy Code 11 USC Section 107

TITLE 11 - BANKRUPTCY
CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Sec. 107. Public access to papers

-STATUTE-
      (a) Except as provided in subsections (b) and (c) of this section
    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.

-SOURCE-
    (Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2556; Pub. L. 109-8, title
    II, Secs. 233(c), 234(a), (c), Apr. 20, 2005, 119 Stat. 74, 75.)


                       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.

                                AMENDMENTS                            
      2005 - Subsec. (a). Pub. L. 109-8, Sec. 234(c), which directed
    the substitution of "subsections (b) and (c)," for "subsection
    (b)," was executed by substituting "subsections (b) and (c)" for
    "subsection (b)", to reflect the probable intent of Congress.
      Pub. L. 109-8, Sec. 233(c), inserted "and subject to section 112"
    after "section".
      Subsec. (c). Pub. L. 109-8, Sec. 234(a), added subsec. (c).

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Amendment 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.

-End-
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