Appoint Consumer Privacy Ombudsman (Motion)

 

Rev. 1/15/2019

 

Fed. R. Bankr. P. 6004(g)

11 U.S.C. § 332

 

 

Appointment:

 

After notice and a hearing the trustee (or debtor) may sell personal identifiable information ("PII") about individuals unless at the commencement of the case, there debtor had or has a policy prohibiting the transfer of PII to persons that are not affiliated with the debtor.  See 11 U.S.C. § 363(b)(1)

 

Instead the party must file a motion for authority to sell or lease the PII.  The motion must include a request for an order directing the US Trustee to appoint a consumer privacy ombudsman (“CPO”).

 

If a Consumer Privacy Ombudsman is appointed, no later than 7 days before the hearing, the US Trustee must file a notice of appointment.  The notice must include an verified statement of the person being appointed providing the person's connections with the debtor, creditors, any other party in interest, their respective attorneys and accountants, the US Trustee, or any person employed by the US Trustee.

 

Duties:  The consumer privacy ombudsman provides the court specific facts of the case to assist in considering the sale or lease of PII. See 11 U.S.C. § 332(b)

 

 

Docket Event:

 

[Bankruptcy> Motions/Applications> Appointment of Consumer Privacy Ombudsman]

 

Requirements:

 

KMS Cases

NPO Cases

Motion with Certificate of Service

Motion with Certificate of Service

Proposed Order

Proposed Order