Bankr. E.D.N.C.: In re John Doe- Expungement of Bankruptcy

Summary: Kenneth Jones filed a Chapter 13 bankruptcy petition on behalf of his minor nephew, "John Doe", in 2003.   Because Jones had not been appointed as the Debtor’s guardian, the trustee moved for appointment of a guardian ad litem under Rule 1004.1.  The case, however, was dismissed prior to any appointment. Moving to the present, the Debtor contended that as Jones was not his guardian under Rule 1004.1, the bankruptcy was improper and had detrimentally affected his adult life.  Pursuant to 11 U.S.C. § 107(c)(1), found that expunction of the bankruptcy to seal the entire case was appropriate. Commentary: It is not clear to what extent removing electronic records and sealing the hard copy will be effectual.  This is partly because PACER is not the only repository of bankruptcy data and filings,  with AACER, BANKO and RECAP being just a few examples. Further, the Debtor did not request that any of the credit reporting agencies remove entries regarding his bankruptcy from the Debtor’s credit reports.  (Nor is it clear that the bankruptcy court could order this relief.)  The Debtor may need to pursue further FCRA remedies. For a copy of the opinion, please see: John Doe- Expungement of Bankruptcy.pdf