Motion to Appoint a Consumer Privacy Ombudsman

Rev. 02/20/2024

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, the 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 CPO is appointed, no later than 7 days before the hearing, the US Trustee must file a notice of appointment. The notice must include a 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	JAW Cases
Motion with Certificate of Service	Motion with Certificate of Service
Proposed Order	Proposed Order

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U.S. Bankruptcy Court ● Southern District of Mississippi