Motion for Order Appointing a Consumer Privacy Ombudsman

Summary

This template motion is for use by an attorney seeking a court order directing the Office of the United State Trustee (UST) to appoint a consumer privacy ombudsman (CPO) in connection with the sale of personally identifiable information. This template includes practical guidance, drafting notes, and alternate and optional clauses. Section 363(b)(1) of the Bankruptcy Code provides that a debtor that has a privacy policy that prohibits the transfer of personally identifiable information (defined in Section 101(41A) of the Bankruptcy Code) (PII) may not sell or lease such information unless (1) the sale or lease is consistent with the policy or (2) after the appointment of CPO, the court finds, after giving due consideration to the facts, circumstances, and conditions, that the sale or lease would not violate applicable nonbankruptcy law. 11 U.S.C. § 363(b)(1). These restrictions only apply if (1) the debtor disclosed the privacy policy to the individuals whose personal information was ...