Summary:
The parties in this case, where the Plaintiff alleged that personal identifying information had been disclosed in a Proof of Claim, reached a settlement but sought a Motion to Seal in order so that such settlement would not be construed as binding for similar claims.
The bankruptcy court, however, found that 11 U.S.C. Β§ 107(a) was very restrictive, allowing only sealing of documents to βprotect 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 . . . .β The disclosure of personal information (while itself subject to being sealed) did not fit either narrow criteria.
Commentary:
Unfortunately, the parties appear to have found a way around this decision, by stipulating a dismissal of the Adversary Proceeding. Attached below, however, is a copy of the Complaint filed in this case, which should assumed to be accurate.
Hopefully, Thompson Pump & Manufacturing has taken steps to clean up any other illegal Proof of Claim that it has filed, as a failure to do so at this date would likely be seen as egregiously willful violation.
For a copy of the opinion, please see:
Bornman v. Thompson Pump & Manufacturing Co.- Motion to Seal Denied
Complaint
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