Amendments to the Bankruptcy Rules to implement the requirements of the EGovernment
Act of 2002 took effect on December 1, 2007. The new rules require redaction of
personal identifier information from filings. The personal identifiers to be redacted are Social
Security numbers, names of minor children, financial account numbers, dates of birth.
Once a prepared transcript is delivered to the clerk’s office pursuant to 28 U.S.C.
§ 753, the attorneys in the case are (or, where there is a self-represented party, the party is)
responsible for reviewing it for the personal data identifiers required by the federal rules to be
redacted, and providing the court reporter or transcriber with a statement of the redactions to be
made to comply with the rules. Unless otherwise ordered by the court, the attorney must review
the following portions of the transcript:
(a) opening and closing statements made on the party’s behalf;
(b) statements of the party;
(c) the testimony of any witnesses called by the party;
(d) sentencing proceedings; and
(e) any other portion of the transcript as ordered by the court.
Within seven calendar days of the delivery by the court reporter or transcriber of the
official transcript to the clerk’s office, each attorney must inform the court, by filing a notice of
redaction with the clerk, of his or her intent to direct the redaction of personal data identifiers
from the electronic transcript of the court proceeding. If no such notice is filed within the
allotted time, the court will assume redaction of personal data identifiers from the transcript is
A party is to submit to the court reporter or transcriber, within 21 calendar days of the
transcript’s delivery to the clerk, or longer if a court so orders, a statement indicating where the
personal data identifiers to be redacted appear in the transcript. The court reporter or transcriber
must redact the identifiers as directed by the party.
These procedures are limited to the redaction of the specific personal data identifiers
listed in the rules. During the 21-day period, or longer if the court so orders, an attorney may move the court for additional redactions to the transcript. The transcript shall not be made available on the internet until the court has ruled upon any such motion.
The court reporter or transcriber must, within 31 calendar days of the delivery of the
transcript to the clerk of court, or longer if the court so orders, perform the requested redactions,
and file a redacted version of the transcript with the clerk of court. The original unredacted
electronic transcript should be retained by the clerk of court.