QUESTION

Is it possible to file something to ask for my address and bank name/account number to be redacted from the public record?

Asked on Dec 17th, 2016 on Bankruptcy - Wisconsin
More details to this question:
I am about to file Chapter 7. I am not embarrassed, but I am an assault survivor (there is no order of protection), and I am in a profession where there is a legitimate danger of being docked. Having my address (and a list of my personal belongings and bank information) publicly available puts my personal safety at risk. I've worked extremely hard to keep my address private and obviously, since I'm in Chapter 7, I cannot afford to move. Is it legal to use a PO Box for your address for the court documents? I am so afraid of this possibility that I am hesitating on filing chapter 7.
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5 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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The bankruptcy petition requires both your physical address and your mailing address (if different - for example, with a PO Box) so filing with only your PO Box isn't an option. The procedure where a home address is sensitive information is to file with only the city and state then immediately file a motion for seal records explaining the unusual circumstances which require that your home address be kept confidential. You should realize that your creditors be notified of your home address but your creditors probably already know your home address. There is a presumption that the public has a right to public records like court filings, but it strikes me that both being an assault survivor and in a profession subject to attack you have a good chance of convincing the judge to seal your home address from the record.
Answered on Feb 15th, 2017 at 6:08 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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It is possible to have your address redacted from a bankruptcy filing, but you will need to file an immediate ex parte motion to accomplish this. Not sure how you would justify redacting the name of your bank account, but the number required is only for the last 4 digits of the account.
Answered on Feb 14th, 2017 at 12:46 PM

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Personal Bankruptcy Attorney serving Portland, OR
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Yes, you can use a PO Box for your mailing address, and that way the public record will not show your actual address. And, you can file a motion to redact certain information on the schedules if you can prove you have good cause.
Answered on Feb 14th, 2017 at 12:45 PM

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Bankruptcy Attorney serving Salem, OR
Partner at OlsenDaines
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A good bankruptcy lawyer will know how to do this so that your address is blocked.
Answered on Feb 14th, 2017 at 12:41 PM

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It's not clear if you are merely considering a Chapter 7, or if you have already filed a case. Consult a skilled BR lawyer in your locality, who can tell you if the practice in your district is to seal the papers. I would doubt that a judge would grant a motion to seal your address, for example, because creditors may need it to search public records for liens or other relevant notices.
Answered on Feb 14th, 2017 at 12:39 PM

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