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Order Waives Fee for Motions for Protective Orders - IndyBar News

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Posted on: Nov 13, 2014

The United States Bankruptcy Court of the Southern District of Indiana released an order waiving the fee for motions for protective orders. You can view the original release here or see below: 

On and after December 1, 2014, the Bankruptcy Court Miscellaneous Fee Schedule requires payment of a fee for filing a motion to redact a record. The fee is $25 per case in which redaction is sought, and applies to both opened and closed cases.

This Court’s CM/ECF Dictionary does not include a Motion to Redact event. Instead, parties are directed to two different events, depending on who filed the document sought to be redacted:

  • If a party seeks to redact the party’s own document, the party shall file a Motion to Remove Document Pursuant to Fed.R.Bankr.P. 9037.
  • If a party seeks redaction of a document filed by a different party, then the party shall file a Motion for Protective Order Pursuant to Fed.R.Bankr.P. 9037.

The event Motion to Restrict Access is intended for use with requests pursuant to 11 U.S.C. §107. That event should not be used when requesting redaction of personal identifiers.

This Court may waive the fee for a motion to redact in appropriate circumstances. The Court has determined that the fee should never be charged when a party seeks to redact a record filed by a different party. Therefore, the Court hereby ORDERS THAT the fee will apply ONLY to a Motion to Remove Document Pursuant to Fed.R.Bankr.P. 9037.

Any party seeking to redact records from multiple cases should consult with the Bankruptcy Clerk about streamlined procedures which may be available through use of a miscellaneous proceeding.

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