Appoint Consumer Privacy Ombudsman (Motion)

 

01/10/2012

 

11 U.S.C. § 332

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

 

 

Appointment:

 

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.

 

Duties:

 

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).

 

Docket Event:

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

 

Requirements:

EE Cases

KMS Cases

NPO Cases

Motion with Certificate of Service

Motion with Certificate of Service

Motion with Certificate of Service

Proposed Order

Proposed Order

Proposed Order