Motion to Remove Document Pursuant to Fed.R.Bankr.P. 9037

These instructions are for attorneys only. See separate procedure for instructions for limited users.

General Information

• It is the responsibility of filers to keep personal identifiers out of documents filed, which include not only initial case documentation like the petition and schedules but also any subsequent documents which become available electronically. Personal identifiers that should not appear in documents are:

• • Social Security numbers

  • Financial account numbers

  • Names or dates of birth of minor children

• If it is discovered that documents have been filed that contain such information, a Motion to Remove Document Pursuant to Fed.R.Bankr.P.9037 or Motion for Protective Order Pursuant to Fed.R.Bankr.P.9037, as appropriate, can be used to request the Court to remove the document from public view. The Court cannot redact a document once filed.

• Upon granting of the Motion, the Court will remove the document named in the Motion, although the associated docket entry will remain visible.  

Filing Requirements

• If you are seeking to remove a document that was originally filed by another party, you will need to file a Motion for Protective Order Pursuant to Fed.R.Bankr.P.9037.

• If you seek to hide a document that you previously filed, you will first need to file an amended version of that document with the personal identifiers removed, then file a Motion to Remove Document Pursuant to Fed.R.Bankr.P.9037 using the instructions below. If you are seeking to remove a Chapter 13 Plan, you should file a replacement plan as either Corrected or Amended Plan.

• Use of the court's sample form is recommended.

• The Motion to Remove must make clear exactly which document or attachment to the document is to be removed.

• Motion must be signed by the filing party.

• A Certificate of Service must accompany the Motion.

• Do not upload a proposed order - the Court will prepare one.

Step-by-Step Instructions

1. Log into ECF

2. File an amended version of the document that contained the personal identifiers.

3. Select Bankruptcy > Motions, Applications & Briefs

4. Enter case number. Click Next

5. Select Remove Document Pursuant to Fed.R.Bankr.P.9037, Motion to. Click Next

6. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

7. Check box if jointly filing with another attorney, click Next.

8. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next

NOTE: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

9. Select the party filer.  If the party is not listed, click on Add/Create New Party. Click Next

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

10. If you indicated in step 6 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next

11. Review warning notice displayed and click Next

12. Browse to attach the Motion to Remove PDF file. Click Next

13.Select appropriate radio button and click Next

If you selected Yes (to indicate that you are seeking to hide a claim), a list of all claims filed on the case is displayed. Click on the claim that you are seeking to hide, then click on the Next button at the bottom of the page (you may need to scroll down to see this button). Note: If you have already filed an amended claim, this is the claim that will appear in the list. Select that amended claim - when the Court removes the document, they will ensure that the original claim, not the amended claim, is removed.

If you selected No (to indicate that you are seeking to hide any other type of document), a category list is displayed. Click Next, then check the box next to the document which your Motion seeks to hide and click Next

14. Enter additional text, if desired, and/or select prefix text and click Next

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended. The additional text option is not always available.

15. Verify final docket text. If correct, click Next to submit and to review Notice of Electronic Filing.

Note: Do not upload a proposed order. The Court will prepare the appropriate order.

Curing Deficiencies

If the Motion to Remove is deficient, an amended Motion must be filed prior to the deficiency deadline using the instructions above, or the document may be stricken.