Illinois Bankruptcy Lawyer Blog

To use PACER/RACER you must now agree to be bound by the following redaction policy (Rule 9037. Privacy Protection for Filings Made with the Court)

Rule 9037. Privacy Protection for Filings Made with the Court

a) REDACTED FILINGS. Unless the court orders otherwise, in an electronic or paper filing made with the court that contains an individual's social-security number, taxpayer-identification number, or birth date, the name of an individual, other than the debtor, known to be and identified as a minor, or a financial-account number, a party or nonparty making the filing may include only:

(1) the last four digits of the social-security number and taxpayer-identification number;

(2) the year of the individual's birth;

(3) the minor's initials; and

(4) the last four digits of the financial-account number.

b) EXEMPTIONS FROM THE REDACTION REQUIREMENT. The redaction requirement does not apply to the following:

(1) a financial-account number that identifies the property allegedly subject to forfeiture in a forfeiture proceeding;

(2) the record of an administrative or agency proceeding unless filed with a proof of claim;

(3) the official record of a state-court proceeding;

(4) the record of a court or tribunal, if that record was not subject to the redaction requirement when originally filed;

(5) a filing covered by subdivision (c) of this rule; and

(6) a filing that is subject to § 110 of the Code.

c) FILINGS MADE UNDER SEAL. The court may order that a filing be made under seal without redaction. The court may later unseal the filing or order the entity that made the filing to file a redacted version for the public record.

d) PROTECTIVE ORDERS. For cause, the court may by order in a case under the Code:

(1) require redaction of additional information; or

(2) limit or prohibit a nonparty's remote electronic access to a document filed with the court.

e) OPTION FOR ADDITIONAL UNREDACTED FILING UNDER SEAL. An entity making a redacted filing may also file an unredacted copy under seal. The court must retain the unredacted copy as part of the record.

f) OPTION FOR FILING A REFERENCE LIST. A filing that contains redacted information may be filed together with a reference list that identifies each item of redacted information and specifies an appropriate identifier that uniquely corresponds to each item listed. The list must be filed under seal and may be amended as of right. Any reference in the case to a listed identifier will be construed to refer to the corresponding item of information.

g) WAIVER OF PROTECTION OF IDENTIFIERS. An entity waives the protection of subdivision (a) as to the entity's own information by filing it without redaction and not under seal.

Bankruptcy: In re CMGT, Inc., 04-31669

Adversary:Grochocinski v. Spehar Capital, 07-838

Issued: Sept. 24, 2009

Judge: John H. Squires

To view the opinion in PDF format click here.

Sept. 25 (Bloomberg) By Bob Willis

Sales of new homes climbed in August to the highest level in almost a year as builders cut their

prices to compete with the foreclosures now flooding the market with previously owned homes.

Home sales increased 0.7% to an annualized pace of 429,000 units; assisted in part by first-time buyers taking advantage of tax credits before the November deadline. But that figure was still less than had been anticipated. Federal Reserve policy makers this week pledged to keep borrowing costs low to sustain the recovery past the time when the government stimulus measures wane. Thanks for nothing.

In re Mission Bay, 07-20870

Estate of Mission Bay v. Linnemann et al., 08 A 55

Issued September 9, 2009

Judge A. Benjamin Goldgar

Download and read the opinion in PDF format here

In re Raymond Professional Group, Inc. et al., 06 B 16748

Raymond Prof. Group v. William A. Pope Co., 07 A 00639

Opinion Issued Sep. 15, 2009

By Judge Jack B. Schmetterer

To view the opinion in PDF format click here

Date of Issuance: September 10, 2009

Judge: John H. Squires

Click here to view the opinion in .pdf format.

From MacroScope comes this gem about the "recovery" we are supposed to be experiencing . The Blue Chip Survey published August 10 indicated that economists were in agreement about one thing: that the recession, the longest since the Great Depression, will be over in September. Can you feel the recovery yet? Maybe these opinions from the surveyed economists will help:

87% Expect a recovery by September

16% Expect a strong recovery

16% Expect a double-dip recovery

65% Expect a long, slow recovery

100% Were full of hot air (hey, they're economists)

Nearly all agreed that the economy would continue to lose jobs for some time no matter what. The consensus was that the national rate of unemployment would peak at 10.2% by the first quarter of 2010. In short, prepare for more pain.