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Notice to Members of the Bar Re: Privacy and Sensitive Documents

Wednesday, October 1, 2003

NOTICE TO MEMBERS OF THE BAR REGARDING PRIVACY AND SENSITIVE DOCUMENTS
October 2003

The Bankruptcy Court for the Northern District of New York is working to implement the Judicial Conference policy on privacy and public access to electronic case files for bankruptcy courts. Changes being made to rules and forms are scheduled to go into effect on December 1, 2003. Copies of the proposed amended rules and amended forms are available on the Rule Making page of the Judiciary’s website at www.uscourts.gov/rules under “Pending Amendments Awaiting Final Action” and then “Amendments Submitted to the Judicial Conference”.

The Clerk’s Office is often the recipient of pleadings containing sensitive financial and personal information. Although bankruptcy records are public records and can be viewed by the public, the Federal Rules of Bankruptcy Procedure and the Bankruptcy Code do not require the filing of tax returns, copies of social security cards, or copies of drivers’ licenses with pleadings unless so ordered by the Court. In anticipation of privacy requirements that become effective on December 1, 2003 and to prevent the inadvertent scanning of these sensitive documents, the Clerk’s Office will destroy tax returns, copies of social security cards and copies of drivers’ licenses unless otherwise directed by the Court.

If you have any questions regarding privacy or sensitive documents please contact Anne Sadlemire at 518-257-1619 or Diann Freeman at 315-266-1120.