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What is the remedy for failing to redact SSN by creditor
Isn't the failure to redact the SSN a violation of California Civil Code section 1798.85? I have no prior dealings with this section, so I don't know if it applies to bk court filings and I don't know off-hand what the remedy is under that section for a violation. But it might be worth your taking a few minutes to look at it unless someone else has a better suggestion.
Gary R. Wallace
Law Office of Gary R. Wallace
1950 Sawtelle Boulevard, Suite 120
Los Angeles, CA 90025
Email: garyrwallace@ymail.com
Office: (310) 571-3511, ext 200
On Fri, 10/16/15, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
Subject: Re: [cdcbaa] What is the remedy for failing to redact SSN by creditor
To: cdcbaa@yahoogroups.com
Date: Friday, October 16, 2015, 3:09 PM
Since this
post is getting so much
activity, (smirk), I figured I'd narrow down my
question:
It seems that LBR 9037-1 allows a motion to redact
from documents
already filed. But LBR 1002-1(e) states that:
(2) The responsibility for redacting these personal
identifiers
rests solely with the debtor and debtors counsel.
The court
will not review documents for compliance with this
rule.
Thus it would seem, unfairly, that the debtors are
responsible
for redacting personal identifiers filed by other
parties.
Does anyone see a way I can get the court to order the
creditor to
pay my fees in filing the Motion? There's no
room in the Ch. 13
case budget for me to be paid from plan payments.
Thanks
On 10/16/2015 10:11 AM, 'Mark J. Markus' bklawr@yahoo.com
[cdcbaa]
wrote:
As we all are, I'm very
diligent in redacting social security numbers when
filing
documents with the court.
I just had a proof of claim come in from a former
accountant of
the debtor who attached a power of attorney and other
documents
that contain the debtor's (and her ex
spouse's) SSNs.
I've never run across this before. What should
be done? Motion
to seal the document or something? Can I get
sanctions against
the creditor for filing them?
*************************
Mark J. Markus
Law Office of Mark J. Markus
Mailing Address Only:
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar
of
California Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief
Agency
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*************************
Mark J. Markus
Law Office of Mark J. Markus
Mailing Address Only:
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar
of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief
Agency
________________________________________________
NOTICE: This Electronic Message contains information
from the
law office of Mark J. Markus that may be privileged.
The
information is intended for the use of the addressee
only. If
you are not the addressee, note that any disclosure,
copy,
distribution or use of the contents of this message
is
prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with
requirements
imposed by the IRS, we inform you that any U.S. tax
advice
contained in this communication (or in any
attachment) is not
intended or written to be used, and cannot be used,
for the
purpose of (i) avoiding penalties under the Internal
Revenue
Code or (ii) promoting, marketing or recommending to
another
party any transaction or matter addressed in this
communication.
The post was migrated from Yahoo.