U.S. Bankruptcy Court
Middle District of Alabama

Involuntary Cases

Records Sealed

Under new subsection (l) of section 303, the court, on motion of the debtor, shall seal all the records of the court relating to the involuntary petition as well as all references to the petition, where

 1) the involuntary petition filed against an individual debtor is false or contains any materially false, fictitious or fraudulent statement, and

 2) the court dismisses the petition.


Section
ECF Event
Deadlines
Flags/Other
303(l)(1) bk>motion>Motion to Seal
bk>order>Order on Motion to Seal If granted, stops auto discharge
 

Consumer Reporting Agencies

Where the court dismisses an involuntary petition filed against an individual debtor, the court may enter an order prohibiting all consumer reporting agencies from making any consumer report that contains any information relating to such petition or to the case commenced by the filing of the petition.
Section
 303(l)(2)
Form
ECF Event
Deadlines
Flags
Note: Court will need mailing list of consumer reporting agencies if noticing is required.

Expunge Records

On motion of the debtor and for good cause, the court – on expiration of the statute of limitations found in 18 U.S.C. § 3282, for a violation of § 152 or 157 of title 18 – may expunge any records relating to an involuntary petition filed under § 303.
Section
ECF Event
Deadlines
Flags
303(l)(3) bk>motion>Motion to Expunge
bk>order>Order on Motion to Expunge If granted, stops auto discharge