TRANSCRIPTS

(A) Hard copy access to all transcripts provided to the Court by a court reporter or transcriber will initially be restricted to Court users and case participants for a period of ninety (90) days from the date of filing to allow interested parties the opportunity to review the transcript and file a request for redaction, requesting that personal data identifiers be redacted prior to the transcript being made available to the public. Such personal identifiers are: (1) Social security numbers (2) Financial account numbers (3) Names of minor children (4) Dates of birth (5) Home addresses of individuals (B) The clerk’s office will be prohibited from providing electronic access as well as paper and/or electronic copies of such transcripts until ninety (90) days from the date the transcripts were filed. (1) Individuals wishing to purchase a copy of the transcript within the ninety (90) day period must contact the transcriber directly. 66 (2) An attorney who purchases the transcript during the ninety (90) day period will be given remote electronic access to the on-line transcript available at that time.

(3) Members of the general public, including self-represented parties who purchase the transcript, will not be given remote electronic access to the transcript during the ninety (90) day period. (4) After the ninety (90) day period expires, transcripts will be available for public access through the PACER system. (C) Within seven (7) calendar days of the filing of the official transcript on the docket, each party shall inform the Court, by filing a notice of intent to request redaction with the Clerk and serving a copy on the transcriber, of the party’s intent to redact personal data identifiers from the electronic transcript of the court proceeding. The party then has twenty-one (21) calendar days from the date of the filing of the official transcript to file a request for redaction with a listing indicating where the personal identifiers to be redacted appear in the transcript and serve a copy on the transcriber.

The transcriber will then have thirty-one (31) calendar days from the date of the filing of the official transcript to file a redacted version of the transcript. Parties shall not include in their public filing the information they want redacted. The transcriber must redact the identifiers as directed by the party as follows: (1) Social security numbers will be limited to the last four digits; (2) Financial account numbers; (3) Names of minor children; (4) Dates of birth; and (5) Home addresses of individuals. (D) If no request for redaction is filed within the allotted time, the Court will conclude that the parties to the action have no objection to the inclusion of personal data identifiers in the transcript and the transcript will be made electronically available on the ninety-first (91st) calendar day, or as soon thereafter as may be practicable, unless the Court, for good cause, related to the application of the Judicial Conference policy on 67 privacy and public access to electronic case files, finds that a transcript should not be made available.

(E) If a timely request for redaction is filed with the Clerk’s office by any party to the proceeding following the filing of the official transcript, the official un-redacted transcript will not be made available. However, the redacted transcript will be made electronically available to the general public on the ninety-first (91st) day following the filing of the official transcript, or as soon thereafter as may be practicable. (F) During the 90-day period, or longer if the Court so orders, any attorney who wishes to redact information not covered in Bankruptcy Rule 9037(a), must file a motion for protective order pursuant to part (d) of Bankruptcy Rule 9037. A transcript will not be electronically available until the Court has ruled on the intervening motions for extension of time or for protective orders related to the transcript.

(G) The cost of any redactions and the responsibility for monitoring the docket to know when the electronic transcript of their hearing has been filed shall be the sole responsibility of the parties to the hearing who have requested the redaction. (H) It is the responsibility of the parties to avoid introducing personal identifier information into the record, and attorneys are instructed to avoid eliciting information from or formulating questions to witnesses during court hearings that include personal identifier data and are further directed to be sensitive to the importance of protecting such personal data during the conduct of hearings that are being transcribed. Advisory Committee Notes 2023 Amendment The amended rule includes only stylistic changes for purposes of internal consistency and/or to correct grammatical errors. 2020 Amendment The amended rule includes only stylistic changes.

The format of subdivisions is changed to maintain a consistent style across all rules. 68 RULE 5011-1 WITHDRAWAL AND ABSTENTION FROM A CASE OR PROCEEDING (A) CASES: (1) A case referred to the Bankruptcy Court may be withdrawn by the District Court for cause shown on a timely motion filed by any party in interest. The motion to withdraw the reference of a case, in whole or in part, shall be filed with the Clerk of the Bankruptcy Court no later than thirty (30) days after the 11 U.S.C. § 341(a) Meeting of Creditors is concluded. Parties in interest without notice or actual knowledge of the pendency of the case may move to withdraw the reference not later than twenty-one (21) days after having acquired actual knowledge of the pendency of the case.

(2) Upon filing of a Motion to Withdraw Reference, the Clerk of the Bankruptcy Court shall forthwith transmit the motion to the Clerk of the District Court together with the pertinent record and any subsequent responses. (3) The motion shall be served on counsel of record for the debtor or, if the debtor has no attorney, on the debtor United States trustee. The debtor shall have fourteen (14) days after service of the motion to file a response. The District Court may dispose of the motion with or without a hearing.

(4) Upon final disposition of a case transmitted to the District Court pursuant to an Order Withdrawing Reference of the case, the Clerk of the District Court shall transmit to the Bankruptcy Court a copy of the entire case file originally transmitted to the District Court together with the order, judgment, or decree entered by the District Court. (5) In the event the Motion to Withdraw Reference is denied, the Clerk of the District Court shall forthwith transmit the motion to the Clerk of the Bankruptcy Court together with the matters originally transmitted. (B) PROCEEDINGS: (1) A proceeding arising in, under or related to a case referred to the Bankruptcy Court pursuant to the Order of General Reference may be 69 withdrawn by the District Court for cause shown on a timely motion filed by a party in interest. The Motion to Withdraw Proceeding must be filed with the Clerk of the Bankruptcy Court not later than the date set for filing an answer under Bankruptcy Rule 7012 or within twenty-one (21) days after the Bankruptcy Court has made a determination that a proceeding is a non- core matter.

(2) A Motion to Withdraw Proceeding must specifically identify the proceeding sought to be withdrawn, setting forth the exact style, title, and adversary number where applicable. (3) Immediately upon docketing the Motion to Withdraw Proceeding, the Clerk of the Bankruptcy Court shall forthwith transmit the motion to the District Court together with all papers pertaining to the proceeding sought to be withdrawn. (4) A Motion to Withdraw Proceeding shall be served on counsel of record for the debtor or, if the debtor has no attorney, on the debtor. The debtor shall have fourteen (14) days after service of the motion to file a response.

The District Court may dispose of the motion with or without a hearing. (5) Upon final disposition of a proceeding transmitted to the District Court pursuant to an Order Withdrawing Reference, the Clerk of the District Court shall transmit to the Bankruptcy Court a copy of the entire record originally transmitted to the District Court together with any order, judgment, or decree entered by the District Court. (6) In the event that the reference of a proceeding is withdrawn by the District Court and the bankruptcy case is subsequently dismissed by order of the Bankruptcy Court, the Clerk of the Bankruptcy Court shall immediately certify to the District Court that an order of dismissal has been entered. (C) ABSTENTION: (1) Unless otherwise ordered by the Bankruptcy Court, a Motion for Abstention under 11 U.S.C. § 305 shall not toll, suspend, or otherwise change the time period for filing responsive pleadings or motions in pending matters.

70 (2) An Order of Abstention shall have the effect of closing the file of the case. (3) All requests for the Court to abstain in a case under Title 11 shall be filed no later than thirty (30) days after the 11 U.S.C. § 341(a) Meeting of Creditors is concluded. Advisory Committee Notes 2023 Amendment The title of the rule was revised to more accurately describe the text of the rule. Additionally, there were other stylistic changes for purposes of internal consistency and/or to correct grammatical errors.

2020 Amendment The amended rule includes only stylistic changes. The format of subdivisions is changed to maintain a consistent style across all rules.