Wyndham Vacation Resorts Inc. v. Faucett (In re Faucett)
Oct
12
2010
Ruling
Documents submitted with debtor's summary judgment motion ordered redacted or sealed to extent containing "confidential commercial information."
Procedural posture
Plaintiff, a corporation that formerly employed defendant, a chapter 7 debtor, sought an order sealing certain documents that had been submitted by debtor in connection with his summary judgment motion. The basis for that request, made pursuant to 11 U.S.C.S. § 107(b) and Fed. R. Bankr. P. 9018, was that the documents constituted "confidential commercial information" within the meaning of § 107(b) and should not be accessible to the public.
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Court
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Young Again Prods. Inc. v. Supplement Spot LLC (In re Supplement Spot LLC)
Jul
08
2009
Ruling
Court denied debtor LLC's motion to seal 1900 documents absent evidence of trade secrets, confidentiality information or scandalous content.
Procedural posture
In this adversary proceeding, plaintiff company filed a complaint alleging that defendant insiders failed to disclosure assets of the debtor's estate. The company filed a motion in limine, motions to seal, and a motion for a protective order.
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Court
:
- 11 U.S.C.
In re Roman Catholic Archdiocese of Portland in Or.
Jun
24
2009
Ruling
Unsealing of appropriately redacted documents relating to sexual abuse claims in debtor diocese granted.
Procedural posture
After various claims on account of alleged sexual abuse of children by employees of debtor, a religious institution, were resolved in private arbitration, movants, including counsel for persons with similar claims, asked the court to publicly release documents that had been produced in discovery, which release involved unsealing of the documents. At issue was whether release was proper under common law, under 11 U.S.C.S. § 107, otherwise.
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Court
:
- 11 U.S.C.
North Bay Gen. Hosp. Inc. v. McNaull (In re North Gen. Hosp. Inc.)
Mar
18
2009
Ruling
Pleadings in unrelated case that might show pattern of wrongdoing by debtor's former lawyers regarding retention ordered unsealed.
Procedural posture
Plaintiff filed a motion to unseal pleadings that were sealed pursuant to an agreed order in a prior, unrelated bankruptcy case. Defendant law firm objected to the motion.
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Court
:
- 11 U.S.C.
In re Joyce
Jan
06
2009
Ruling
Expungement of debtor's bankruptcy allegedly filed as a result of identity theft denied.
Procedural posture
Movant debtor filed a voluntary petition for chapter 7 bankruptcy relief and received a discharge. The debtor moved to vacate his bankruptcy filing.
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Court
:
- 11 U.S.C.
Southhall v. Check Depot Inc. (In re Southhall)
Dec
19
2008
Ruling
Adversary proceeding based on creditor's inclusion of debtor's full social security number in its proof of claim dismissed as it did not violate bankruptcy code or rules in effect at the time of filing.
Procedural posture
Plaintiff debtor filed for chapter 13 relief. Defendant creditor filed an unsecured proof of claim, which included the debtor's full social security number. The debtor filed an adversary proceeding against the creditor, alleging violation of the Bankruptcy Code and contempt, invasion of privacy, and violation of the Gramm-Leach-Bliley Act (GLBA). The creditor moved to dismiss.
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Court
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In re Risby
Jan
07
2008
Ruling
Court rejected 74 abusive involuntary petitions filed by incarcerated prisoner acting pro se.
Procedural posture
Petitioner, proceeding pro se, sent to the court on December 21, 2007, 74 involuntary petitions for bankruptcy and other miscellaneous documents. The filing fees for the petitions totaled over $22,000, however petitioner tendered only one form to proceed in forma pauperis and not fees. The clerk of the court sought guidance concerning whether or not the petitions should be accepted for filing.
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Court
:
- 11 U.S.C.
In re Derivium Capital LLC
Oct
22
2007
Ruling
Protective orders covering discovery did not provide and independent basis for sealing exhibits entered into evidence at hearing on sale of property.
Procedural posture
A debtor limited liability company (LLC) originally filed for relief under chapter 11, and the matter was converted to a chapter 7 proceeding. A chapter 7 trustee filed a notice and application for sale of property. The objecting parties filed an objection under seal to the application. A partial owner of the LLC orally moved to seal certain exhibits admitted during the hearing on the application.
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Court
:
- 11 U.S.C.
In re Food Mgmt. Group LLC
Feb
13
2007
Ruling
Motion to seal trustee's adversary complaint as defamatory or scandalous denied absent establishment that allegations were untrue.
Procedural posture
A putative defendant, a law firm, sought an order pursuant to 11 U.S.C. § 107(b)(2) requiring that the chapter 11 trustee be required to file a proposed adversary complaint under seal.
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Court
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In re Alterra Healthcare Corp.
Oct
16
2006
Ruling
Information in settlements filed by debtor did not relate to commercial operations and was a matter of public record.
Procedural posture
A newspaper moved to intervene in the reorganized debtor's chapter 11 bankruptcy proceeding for the limited purpose of seeking access to judicial records and proceedings. The newspaper asked the court to vacate several orders sealing records of settlement in the case.
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Court
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