Depends on what you're seeking to redact. Certain information such as account or social security numbers are supposed to be redacted before filing. I recommend you call a local bankruptcy attorney to discuss this issue.
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Creditors shouldn't be filing health information in a case, and a few of the big names have gotten in trouble for errors in these regards. Redaction and sealing are used to mitigate damages.
Your own filing shouldn't require this information to begin with. It's not clear from the question if you are trying to figure out what to include or if there has been a mistaken disclosure.
I am licensed in NC and practice bankruptcy and consumer debt law in the greater Raleigh area. This post does not create an attorney-client relationship, and is for general information only.
Yes, it is possible to have information sealed and/or redacted. In your bankruptcy petition there probably will not be many (or any) places that will ask for personal medical information.
However, if you have a unique situation or you have to provide evidence at a court hearing your attorney can request that certain information be sealed. Typically, the judge will rule that the information is private and should be withheld from the record.
Duncan Law, LLP
Bankruptcy Offices in Greensboro, Winston-Salem, Charlotte and Salisbury
**Disclaimer: This information is not meant to be legal advice. I'm not your attorney, you haven't hired me. You should hire an experienced attorney to provide you with specific legal advice to best assist you with your situation.**
**Disclaimer** - I don't represent you. You haven't met with me so I can learn more about your situation and talk to you specifically about your case. Therefore, this information is not meant to be legal advice. Instead, it's meant to be general information to point you in the right direction to get legal advice. If you want specific legal advice you should always reach out to an experienced attorney and set up a consultation. Good luck!
Sure would have helped to provide you with a more specific answer if you had given us even a smidgen of information of how or why you fear this has or may happen. 'Cause in over 35 years, I haven't once seen this as an issue. Hope this perspective helps!
Answering your question would be much easier if we knew why you are asking. For example, if you are the medical provider or an employee of the medical provider, a motion to redact and/or seal the health information could be filed and the court would probably enter an order granting the motion ex parte.
If you are debtor and you believe that a proof of claim or other documents filed with the court containing information such as health information that should have not been made public, you can file a motion to redact and/or seal the information and request damages resulting from the release of the information. Again the court will probably grant the motion to redact, but establishing damages will be more difficult. In our jurisdiction, attorneys have tried to use HIPPA laws requesting that sanctions, including attorney's fees be awarded. However, the local courts have ruled that there is no private right of action under HIPPA.
If you are the debtor and have filed pro se, the action you need now is much more complex than simply filing bankruptcy schedules. You really need to take the time to meet with an experienced bankruptcy attorney that handles chapter 7 and chapter 13 cases. Most bankruptcy attorneys will meet with you at no charge for the initial appointment. You can use the Avvo "Find a Lawyer" link at the top of this page to search for an attorney.
Answers and comments provided are for general discussion only. My comments are not to be considered legal advice and they do not create an attorney-client relationship.
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