PROPOSED FINDINGS AND CONCLUSIONS IN CERTAIN CORE

PROCEEDINGS

If the Court determines that it cannot enter a final order or judgment consistent with Article III of the United States Constitution in a particular proceeding referred to the Court and designated as core under section 157(b) of title 28, and the Court hears the proceeding, Rule 9033(a), (b), and (c) of the Federal Rules of Bankruptcy Procedure shall apply. Comment This rule was amended in 2016 to provide greater clarity. The final portion of the rule previously read that if “the Court hears the proceeding, Rule 9033(a), (b), and (c) of the Federal Rules of Bankruptcy Procedure shall apply as if it is a non-core proceeding.” The amendment deletes the final phrase “as it if is a non-core proceeding.” 92 Rule 9037-1 REDACTION OF PERSONAL DATA IDENTIFIERS (a) (b) Compliance with Bankruptcy Rule 9037. All documents filed with the Court shall comply with Bankruptcy Rule 9037.

Responsibility for Redaction. The responsibility for redacting personal data identifiers (as defined in Bankruptcy Rule 9037) rests solely with counsel, parties in interest and non- parties. The Clerk, or claims agent if one has been appointed, will not review each document for compliance with this Rule. In the event the Clerk, or claims agent if one has been appointed, discovers that personal identifier data or information concerning a minor individual has been included in a pleading, the Clerk, or claims agent if one has been appointed, is authorized, in its sole discretion, to restrict public access to the document in issue and inform the filer of the requirement to file a motion to redact.

(c) Motion to Redact Personal Identifiers. Notwithstanding the requirements of Bankruptcy Rule 9037, a party seeking to redact personal identifiers from a document or a proof of claim, already filed with the court, must file a motion to redact the personal identifiers, in accordance with CM/ECF procedures, that identifies the proposed document for redaction by docket number or if applicable, by claim number. If a party seeks to redact documents filed in multiple cases, such as proofs of claim, the party must open a miscellaneous proceeding by filing a motion to redact with a list of all affected cases and/or documents, subject to fees in accordance with the Bankruptcy Court Miscellaneous Fee Schedule. Prior to filing the motion to redact, the party must contact the Clerk’s Office to request that the Clerk’s Office restrict the original image containing the personal data identifiers from public view on the docket.

(d) (e) (f) Notice. The filer must include a certificate of service at the time the motion to redact is filed, showing service to the following recipients: the debtor, anyone whose personal information has been disclosed, the case trustee (if any) and the United States Trustee. Filing of Correctly Redacted Document or Claim. Unless otherwise ordered by the court, the party seeking redaction must file a correctly redacted document or proof of claim within twenty-one days of the granting of the motion.

Filing Motions to Redact in Closed Cases. The granting of a motion to redact in a closed case is ministerial in nature and does not impact the administration of the case. For that reason, a party seeking redaction in a closed case does not need to file a motion to reopen the case, and no fee for reopening shall be collected by the Clerk. A party seeking redaction may instead just file a motion to redact, with the proposed redaction included in the motion, and the case will remain closed.

(g) Redaction Fee. In accordance with the provisions of the Bankruptcy Court Miscellaneous Fee Schedule, the party filing a motion to redact personal identifiers from a document or proof of claim must pay a fee for filing such motion to redact in each case. 93 Comment This rule was added in 2016 to make clear that redactions are the responsibility of the filing party. The rule also addresses situations involving the need to redact the same information filed in multiple cases.

The fee for filing a motion to redact does not apply to transcripts. Pursuant to the Judicial Conference Policy, attorneys or any other entity requesting the redaction of personal identifiers on a transcript must file a Notice of Intent to Request Redaction. The procedures for redacting transcripts are available on the court’s website. (http://www.nysb.uscourts.gov/sites/default/files/pdf/TranscriptRestriction sRedactionGuidelines.pdf) This rule was amended in 2017 to clarify the process for filing a motion to redact in closed cases.