To restrict access to certain personal information in bankruptcy documents.
What it does: Adds SEC. 234. PROTECTION OF PERSONAL INFORMATION on page 132, between lines 5 and 6What it changes
1 change to S. 256
Adds SEC. 234. PROTECTION OF PERSONAL INFORMATION on page 132, between lines 5 and 6
Adds a sectionPrinted pageInserted: SEC. 234. PROTECTION OF PERSONAL INFORMATION.
Inserted: (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:
Inserted: "(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:
Inserted: "(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.
Inserted: "(B) Other information contained in a paper described in subparagraph (A).
Inserted: "(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.
Inserted: "(3) The United States trustee, bankruptcy administrator, trustee, and any auditor serving under section 586(f) of title 28--
Inserted: "(A) shall have full access to all information contained in any paper filed or submitted in a case under this title; and
Inserted: "(B) shall not disclose information specifically protected by the court under this title.".
Inserted: (b) Security of Social Security Account Number of Debtor in Notice to Creditor.--Section 342(c) of title 11, United States Code, is amended--
Inserted: (1) by inserting "last 4 digits of the" before "taxpayer identification number"; and
Inserted: (2) by adding at the end the following: "If the notice concerns an amendment that adds a creditor to the schedules of assets and liabilities, the debtor shall include the full taxpayer identification number in the notice sent to that creditor, but the debtor shall include only the last 4 digits of the taxpayer identification number in the copy of the notice filed with the court.".
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Inserted: (c) Conforming Amendment.--Section 107(a) of title 11, United States Code, is amended by striking "subsection (b)," and inserting "subsections (b) and (c),".
Original wording
On page 132, between lines 5 and 6, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
On page 132, between lines 5 and 6, insert the following:
SEC. 234. PROTECTION OF PERSONAL INFORMATION.
(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.”.
(b) Security of Social Security Account Number of Debtor in Notice to Creditor.--Section 342(c) of title 11, United States Code, is amended--
(1) by inserting “last 4 digits of the” before “taxpayer identification number”; and
(2) by adding at the end the following: “If the notice concerns an amendment that adds a creditor to the schedules of assets and liabilities, the debtor shall include the full taxpayer identification number in the notice sent to that creditor, but the debtor shall include only the last 4 digits of the taxpayer identification number in the copy of the notice filed with the court.”.
(c) Conforming Amendment.--Section 107(a) of title 11, United States Code, is amended by striking “subsection (b),” and inserting “subsections (b) and (c),”.
Legislative Activity
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Senate amendment agreed to: Amendment SA 26 as modified agreed to in Senate by Unanimous Consent.
March 7, 2005
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Senate amendment agreed to: Amendment SA 26 as modified agreed to in Senate by Unanimous Consent.
March 7, 2005
Considered by Senate. (consideration: CR S2111)
March 7, 2005
Amendment SA 26 as modified agreed to in Senate by Unanimous Consent. (consideration: CR S2139-2143; text as modified: CR S2139)
March 7, 2005
Considered by Senate. (consideration: CR S2053)
March 4, 2005
Considered by Senate. (consideration: CR S1979)
March 3, 2005
Considered by Senate. (consideration: CR S1892)
March 2, 2005
Senate amendment submitted
March 1, 2005
Senate amendment proposed (on the floor): Amendment SA 26 proposed by Senator Leahy.
March 1, 2005
Amendment SA 26 proposed by Senator Leahy. (consideration: CR S1850-1852; text: CR S1850) To restrict access to certain personal information in bankruptcy documents.
March 1, 2005