Rattet lawfirm asks court to seal a pleading about it in a bankruptcy case. It fails.
"The fact that a complaint contains potentially untrue material that could defame a party is not enough to warrant sealing the document, a federal judge has ruled."
Addressing that standard for sealing "scandalous and defamatory" material under 11 U.S.C. §107(b)(2), Southern District Bankruptcy Judge Martin Glenn rejected the sealing request of a law firm that said allegations of fraud made by another party would harm its reputation if aired on the court’s electronic case filing system.
Rattet, Pasternak & Gordon-Oliver in Harrison is the law firm that made the sealing motion in In Re Food Management Group, 04-22880.
In re: Food Management Group LLC, 04-22880
Decided: February 13, 2007
Bankruptcy Judge Martin Glenn
U.S. BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
Appearances:
White, Fleischner & Fino, LLP
Attorneys for Rattet, Pasternak & Gordon Oliver, LLP
New York, NY
Gil M. Coogler, Esq.
Of Counsel
Drinker Biddle & Reath LLP
Attorneys for Janice B. Grubin,
Chapter 11 Trustee for Debtors
Chicago, IL
Warren von Credo Baker, Esq.
Of Counsel
Diana G. Adams
Acting United States Trustee
New York, NY
Richard C. Morrissey, Esq.
Of Counsel
Bankruptcy Judge Glenn