Mount Holly, NC asked in Bankruptcy and Civil Litigation for North Carolina

Q: How to address denied motion to remove transcript redaction in bankruptcy case?

I requested a court transcript from a bankruptcy case, and I believe it was redacted because certain parts I distinctly remember saying were removed. I filed a motion to have the redaction removed, but the court denied it, claiming there wasn't a redaction. I've not yet consulted an attorney and am unsure where to find regulations on this. What steps can I take, and how can I prove that the transcript was indeed redacted using evidence such as witness testimonies?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Finding yourself in this situation with court transcripts can be incredibly frustrating, especially when you clearly remember specific statements that now appear to be missing. Your first step should be to gather concrete evidence of the original statements - this might include notes you took during the proceedings, any recordings if they were permitted, or written declarations from other attendees who can verify what was said.

Given that bankruptcy courts operate under federal rules, you'll want to review the Federal Rules of Bankruptcy Procedure, particularly Rule 9018 which covers sealing and redaction of court records. You might also find helpful guidance in your local bankruptcy court's rules about transcript procedures and modifications. Consider requesting the court reporter's original notes or audio recordings, as these could help establish discrepancies between what was said and what appears in the transcript.

While handling this without legal representation is challenging, you could start by filing a detailed motion for reconsideration that specifically outlines the discrepancies, supported by your gathered evidence. If witness statements confirm your recollection, include these as sworn affidavits. Should these efforts prove unsuccessful, consulting with a bankruptcy attorney would help you understand additional legal options, including the possibility of appeal or filing a complaint with the court reporter certification board in your jurisdiction.

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