Title 11 — Bankruptcy
Chapter 1 — General Provisions
§ 107. Public access to papers
Statutory text
Except as provided in subsections (b) and (c) and subject to section 112, a paper filed in a case under this title and the dockets of a bankruptcy court are public records and open to examination by an entity at reasonable times without charge.
On request of a party in interest, the bankruptcy court shall, and on the bankruptcy court’s own motion, the bankruptcy court may—
protect an entity with respect to a trade secret or confidential research, development, or commercial information; or
protect a person with respect to scandalous or defamatory matter contained in a paper filed in a case under this title.
The bankruptcy court, for cause, may protect an individual, with respect to the following types of information to the extent the court finds that disclosure of such information would create undue risk of identity theft or other unlawful injury to the individual or the individual’s property:
Any means of identification (as defined in section 1028(d) of title 18) contained in a paper filed, or to be filed, in a case under this title.
Other information contained in a paper described in subparagraph (A).
Upon ex parte application demonstrating cause, the court shall provide access to information protected pursuant to paragraph (1) to an entity acting pursuant to the police or regulatory power of a domestic governmental unit.
The United States trustee, bankruptcy administrator, trustee, and any auditor serving under section 586(f) of title 28—
shall have full access to all information contained in any paper filed or submitted in a case under this title; and
shall not disclose information specifically protected by the court under this title.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 95–598 · 92 Stat. 2549
Enacted · 11 U.S.C. § 107
Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2556
Source evidence
Code source credit
Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2556Pub. L. 109–8 § 234(c) · 119 Stat. 23
Substituted · 11 U.S.C. § 107(a)
Pub. L. 109–8, § 234(c), which directed the substitution of “subsections (b) and (c),” for “subsection (b),”, could not be executed because “subsection (b),” did not appear in text
Source evidence
Code amendment note
Subsec. (a). Pub. L. 109–8, § 234(c), which directed the substitution of “subsections (b) and (c),” for “subsection (b),”, could not be executed because “subsection (b),” did not appear in text.Enacted provision · exact public law section
(c) Conforming Amendment.— Section 107(a) of title 11, United States Code, is amended by striking “subsection (b),” and inserting “subsections (b) and (c),”.Effective date note
Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.Pub. L. 109–8 § 233(c) · 119 Stat. 23
Inserted · 11 U.S.C. § 107(a)
Pub. L. 109–8, § 233(c), inserted “and subject to section 112” after “section”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–8, § 233(c), inserted “and subject to section 112” after “section”.Enacted provision · exact public law section
(c) Conforming Amendment.— Section 107(a) of title 11, United States Code, is amended by inserting “and subject to section 112” after “section”.Effective date note
Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.Pub. L. 109–8 § 234(a) · 119 Stat. 23
Added · 11 U.S.C. § 107(c)
Pub. L. 109–8, § 234(a), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 109–8, § 234(a), added subsec. (c).Enacted provision · exact public law section
(a) Restriction of Public Access to Certain Information Contained in Bankruptcy Case Files.— Section 107 of title 11, United States Code, is amended by adding at the end the following: “(c) (1) The bankruptcy court, for cause, may protect an individual, with respect to the following types of information to the extent the court finds that disclosure of such information would create undue risk of identity theft or other unlawful injury to the individual or the individual’s property: “(A) Any means of identification (as defined in section 1028(d) of title 18) contained in a paper filed, or to be filed, in a case under this title. “(B) Other information contained in a paper described in subparagraph (A). “(2) Upon ex parte application demonstrating cause, the court shall provide access to information protected pursuant to paragraph (1) to an entity acting pursuant to the police or regulatory power of a domestic governmental unit. “(3) The United States trustee, bankruptcy administrator, trustee, and any auditor serving under section 586(f) of title 28— “(A) shall have full access to all information contained in any paper filed or submitted in a case under this title; and “(B) shall not disclose information specifically protected by the court under this title.” .Effective date note
Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.Bankruptcy Technical Corrections Act of 2010
Pub. L. 111–327 § 2(a)(5) · 124 Stat. 3557
Substituted · 11 U.S.C. § 107(a)
Pub. L. 111–327 substituted “subsections (b) and (c)” for “subsection (b) of this section”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 111–327 substituted “subsections (b) and (c)” for “subsection (b) of this section”.Enacted provision · exact public law section
(5) in section 107(a) by striking “subsection (b) of this section” and inserting “subsections (b) and (c)”,
4 of 5 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
senate report no. 95–989
Subsection (a) of this section makes all papers filed in a bankruptcy case and the dockets of the bankruptcy court public and open to examination at reasonable times without charge. “Docket” includes the claims docket, the proceedings docket, and all papers filed in a case.
Subsection (b) permits the court, on its own motion, and requires the court, on the request of a party in interest, to protect trade secrets, confidential research, development, or commercial information, and to protect persons against scandalous or defamatory matter.
Editorial Notes
Amendments2005–2010 · 2 rounds
2010
Subsec. (a). Pub. L. 111–327 substituted “subsections (b) and (c)” for “subsection (b) of this section”.
2005
Subsec. (a). Pub. L. 109–8, § 234(c), which directed the substitution of “subsections (b) and (c),” for “subsection (b),”, could not be executed because “subsection (b),” did not appear in text.
Pub. L. 109–8, § 233(c), inserted “and subject to section 112” after “section”.
Subsec. (c). Pub. L. 109–8, § 234(a), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2005 Amendment
Amendment by Pub. L. 109–8 effective 180 days after , and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.
Credits
1978–2010 · 3 acts
- 1978Pub. L. 95–598, , 92 Stat. 2556
- 2005Pub. L. 109–8, title II, §§ 233(c), 234(a), (c), , 119 Stat. 74, 75
- 2010Pub. L. 111–327, § 2(a)(5), , 124 Stat. 3557.
Show as published
(Pub. L. 95–598, , 92 Stat. 2556; Pub. L. 109–8, title II, §§ 233(c), 234(a), (c), , 119 Stat. 74, 75; Pub. L. 111–327, § 2(a)(5), , 124 Stat. 3557.)