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Bankruptcy Rule 9037 – A Warning
No CommentsBankruptcy Rule 9037 became effective December 1, 2007. The purpose was to protect private information from being made available on any electronic source, for obvious reasons. In NC, we file claims electronically. So, in order to comply, one must follow the Federal and State statute. A bacis web search for RULE 9037 will bring several sources to explain. See this:
http://www.almb.uscourts.gov/Announcements/120107%20bk%20rule%20amendments.pdfRecently, I allowed a few scanned documents to be filed with the court without proper redaction of the information. According to my attorney, FD a MAJOR sin. He advised there was nothing to do except count this as a future liability for the CU. Any financial loss of the member due to the information breach or even only perceived as the possible source of the personal information breach would be the ongoing responsibilty of the CU that filed the documents. The member’s attorney filed a motion to have the claim documents sealed against public access. My attorney also said that the CU could have been accessed the fees for the debtor’s attorney that filed the motion. The Judge’s decision did not require that. Yea.
RULE 9037 – short recap: SS numbers- only last four digits. Use only initials of minor children. Include only the birth year of member/debtors. Account numbers- count backwards four digits including the suffix, use only these four numbers.
This case was the same case posted earlier in regards to the 341 Meeting in Charlotte, NC August 21, 2008 that was a little stiff.
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Published on September 12, 2008 · Filed under: Bankruptcy, Uncategorized; Tagged as: Bankruptcy RULE 9037, Filing Bankruptcy Claims, Redaction
