Firstbase.io, Inc.
24-11647
Bankr. S.D.N.Y.May 21, 2025Background
- Harbor Business Compliance Corporation (Harbor Compliance) is a creditor in the Chapter 11 bankruptcy of Firstbase.io, Inc.
- Harbor Compliance sought to appoint an examiner under 11 U.S.C. § 1104(c) and included several exhibits (3, 5, 9, 10, 11, 12) with sensitive information.
- Harbor Compliance filed a motion seeking permission to file both its examiner motion and these exhibits under seal, citing need for confidentiality.
- The request was made pursuant to Bankruptcy Code §§ 105(a) and 107(b), Bankruptcy Rule 9018, and Local Rule 9018-1.
- The Bankruptcy Court considered whether the materials met the requirement for sealing and whether cause was established for such relief.
- The Court granted filings to be made under seal, with procedures for submitting, serving, and ultimately handling sealed materials.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Harbor Compliance should be permitted to file certain materials under seal | Confidential materials require protection to prevent harm and ensure fairness in the case | Not specified in the opinion text | The court granted the motion, allowing Harbor Compliance to file materials under seal |
| Who may access the sealed materials | Only authorized parties should see the documents | Not specified | Access is limited to the Court, the Debtor, and any party ordered by the Court |
| Future handling of sealed materials after case conclusion | Need to secure or destroy confidential information | Not specified | Materials must be retrieved or destroyed unless unsealed by order or debtor consent |
| Right of other parties to seek unsealing | Parties or US Trustee should retain right to challenge sealing | Not specified | Order is without prejudice to rights of any party to seek unsealing |
Key Cases Cited
- No officially reported cases are cited in this order.
