Confidentiality Orders And Sealing Records In Bankruptcy Court: What Is The Standard?

Transparency and due process are fundamental and primary objectives of a functioning legal system.  U.S. courts have historically recognized a presumption of public access to court records.  Nixon v. Warner Commc’ns Inc., 435 U.S. 589, 597-98 (1978). This preference for public access is rooted in the public’s first amendment right to know about the administration of justice.

This public access helps to protect the integrity, quality, and respect in our judicial system.  In re Analytical Sys., 83 B.R. 833 (Bankr. N.D. Ga. 1987).  The policy interest in favor of public access is at its best where issues concerning the integrity and transparency of bankruptcy proceedings are involved.

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