When is a privacy ombudsman needed in an 11 U.S.C. § 363 sale or lease?
Whenever there is a sale of “personally identifiable information” under § 363(b)(1)(B) the court must direct the United States Trustee to appoint a consumer privacy ombudsman if the sale is not consistent with the debtor’s pre-bankruptcy privacy policy. The appointment must be made not later than five days before the commencement of the hearing on the sale.
