Rule 1007-5 : Social Security Number (Privacy)


(a) Petition: When filing the petition electronically, the electronic filer must enter the debtor’s full Social Security number when opening a case, but must include only the last four digits on the Voluntary Petition for Individuals Filing for Bankruptcy, Official Form 101.

(b) Statement of Social Security Number:

(1) Official Form 121: All voluntary petitions in individual debtor cases must be accompanied by the filing of

(i) Official Form 121, Statement About Your Social Security Numbers, in conventional paper format; or

(ii) For petitions that are filed electronically, Official Form 121, using the proper secured event to prevent public access to the form.

(2) Receipt: A receipt of the Statement About Your Social Security Numbers will be entered on the docket, but will not be available for public inspection at the court or over the internet.

(3) Amended Statement of Social Security Number:

(i) Correction: An incorrect Social Security number must be corrected by the debtor by submitting an Amended Statement About Your Social Security Numbers. The Amended Statement must include the originally submitted and the correct Social Security numbers and must be filed within seven (7) days of the debtor discovering or being informed of the error.

(ii) Service: Filed with the Amended Statement or not later than three (3) court days of filing the Amended Statement About Your of Social Security Numbers as prescribed above, the debtor must file a certificate of service evidencing service of the Amended Statement About Your Social Security Numbers on the United States Trustee, the trustee, and all creditors.

(4) Failure to File the Statement About Your Social Security Numbers: Failure to file or serve the Statement About Your Social Security Numbers, or any amendment thereto, in accordance with this L.B.R. may result in dismissal of the case.

(c) Proof of Claim Form: Creditors claiming wages owed from the debtor should disclose only the last four digits of their Social Security number on Official Form 410, Proof of Claim.

(d) Redaction of Personal Identifiers: It is the responsibility of any party filing documents with the court, not the Clerk, to redact Social Security numbers and other personal identifiers such as dates of birth, financial account numbers, and names of minor children. This includes copies of employee payment advices, tax returns, or other financial documents that may be filed or attached as an exhibit to documents filed with the court. In the event a petition or other document is tendered for filing that bears the entire Social Security number of the debtor, the Clerk will file said petition or document as tendered without taking any action to redact the first five digits of the Social Security number.

Commentary

[Source: L.B.R. 107(c) and GPO 2003-4]

See L.B.R. 4002-1 for privacy of tax return information and L.B.R. 9004-2 for information on captions.

See also FED. R. BANKR. P. 1009 and FED. R. BANKR. P. 9037.