Appoint Consumer Privacy Ombudsman (Motion)




11 U.S.C. § 332

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





Under 11 U.S.C. § 363(b)(1), the trustee (or debtor) may sell personal identifiable information about individuals, (i.e., consumer lists). If the debtor had (or has) a privacy policy that prohibits the sharing of this information to an unaffiliated entity, and the proposed sale is in violation of the stated policy, § 363(b)(1)(B) requires the appointment of a consumer privacy ombudsman (“CPO”) and notice and hearing.


Under 11 U.S.C. §  332 and Fed. R. Bankr. P. 6004(g), the consumer privacy ombudsman must be appointed by the United States Trustee no later than 5 days before the commencement of the hearing, and an affidavit of disinterestedness (similar to Rule 2014 affidavit) must be filed with the Notice of Appointment.




The consumer privacy ombudsman is required to provide the court specific facts of the case to assist it in considering the sale or lease of personally identifiable information. 11 U.S.C. § 332(b).


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