Q: When filing a Motion to Dismiss, do I need to be careful about privacy when attaching exhibits?
After consultation with a bankruptcy attorney, he suggested I file a Motion to Dismiss related to my ex's Chapter 13 filing. I am wondering if there are limitations on what exhibits I can file publicly? For instance, I was going to provide his employer's offer letter outlining his bonus potential after he omitted this information from his filings. (I have a copy of it via our child support proceeding.) Just don't want to get in trouble. Thanks in advance!
A:
You're right on to be concerned about privacy of litigants and disclosures through exhibits. the PA courts all have extensive rules about pleadings and exhibits, and what cannot be made public, and you should google those regarding disclosures through pleadings. (All filings in PA courts, as with almost all other courts, are a public record unless the judge assigned to the case directs otherwise).
If what you have through the child support proceedings is/was a public record (filed in the case and accessible to the public), you should be cleared to disclose it anew in your bankruptcy filing.
It is always helpful to discuss your plans with an experienced lawyer licensed to practice in PA before rashly proceeding.
Timothy Denison agrees with this answer
A:
Yes, certain information (personally identifiable information) needs to be redacted. See Federal Rule 5.2, a copy available here: https://www.law.cornell.edu/rules/frcp/rule_5.2 (this might not be the most updated version of the rule).
More importantly though, what is it you seek to accomplish by filing a motion to dismiss and including this letter? It's a potential bonus, not actual income he's not disclosing, or even future income he expects to receive. If he does get a bonus, then he would be required to disclose that income. There may be more to it, but I don't see the relevancy.
Timothy Denison agrees with this answer
1 user found this answer helpful
A: Yes. You have an obligation to redact all ersonsl info from all documents.
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