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In re Lunden

Ruling: 
Creditor's attorney sanctioned for failing to redact first five digits of debtor's Social Security number or month and day of birth in financial statement and refusal to take corrective action.
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Consumer case opionion summary, case decided on January 15,2015, LexisNexis #0215-070

In re Brown

A creditor filed proofs of claim in bankruptcy debtors' cases based on amounts due for cable television services which included the entire account numbers of the debtors. The debtors moved for a protective order to require the creditor to redact all but the last four digits of the account numbers as required by Fed. R. Bankr. P. 9037.
Ruling: 
Protective order granted due to creditor's inclusion of account numbers in proof of claim.
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Consumer case opionion summary, case decided on July 03,2012, LexisNexis #0712-139

Ricker v. Athens Regl Med. Ctr. (In re Ricker)

Plaintiff debtor filed a complaint against defendant claimant, alleging (1) contempt of court, violation of federal district court and bankruptcy court orders and Fed. R. Bankr. P. 9037, (2) violation of local bankruptcy rules, bankruptcy court orders, and policy, (3) invasion of privacy, and (4) breach of duty to protect customer information. The claimant filed a motion to dismiss. The debtor did not respond to the motion.
Ruling: 
Motion for contempt due to creditor's initial failure to redact debtor's personal information from proof of claim denied.
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Consumer case opionion summary, case decided on June 29,2012, LexisNexis #0912-102

In re Chubb

The creditor filed a proof of claim in the amount of $ 523.61 with attachments that contained the debtor's name, billing address, service address and a twelve-digit account number. The chapter 13 trustee filed an objection to the proof of claim as violative of Fed. R. Bankr. P. 9037(a) and the Gramm-Leach-Bliley Act, 15 U.S.C.S. § 6801(a).
Ruling: 
Proof of claim containing debtor's "personally identifiable information" stricken without prejudice to amended filing.
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Consumer case opionion summary, case decided on March 15,2010, LexisNexis #0510-031

Barnhart v. Union Bank Inc. (In re Barnhart)

Debtors' complaint alleged that defendant creditor electronically filed a proof of claim in their chapter 7 bankruptcy case, which revealed personal identification data. Based on the creditor's filing of its unredacted proof of claim, debtors sought to recover tort damages, disallowance of the proof of claim, and contempt damages. The creditor moved to dismiss the complaint for failure to state a claim.
Ruling: 
Debtor's complaint for damages due to creditor's filing of proof of claim that revealed personal data dismissed.
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Consumer case opionion summary, case decided on February 26,2010, LexisNexis #0410-101

Carter v. Checkmate Cash Advance Centers LLC (In re Carter)

Plaintiff debtor brought an adversary complaint against defendant creditor, asserting claims for the unauthorized publication of the debtor's unredacted social security number and unredacted bank account number in an attachment to the creditor's claim. The claim had been promptly stricken by the court. The debtor applied for a default judgment on the complaint after the creditor failed to respond to the complaint.
Ruling: 
Minimal damages awarded for unauthorized publication of debtor's personal information in attachment to proof of claim that was quickly rectified.
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Consumer case opionion summary, case decided on October 23,2009, LexisNexis #1209-066