Title 11 — Bankruptcy
Chapter 3 — Case Administration
§ 332. Consumer privacy ombudsman
Statutory text
If a hearing is required under section 363(b)(1)(B), the court shall order the United States trustee to appoint, not later than 7 days before the commencement of the hearing, 1 disinterested person (other than the United States trustee) to serve as the consumer privacy ombudsman in the case and shall require that notice of such hearing be timely given to such ombudsman.
The consumer privacy ombudsman may appear and be heard at such hearing and shall provide to the court information to assist the court in its consideration of the facts, circumstances, and conditions of the proposed sale or lease of personally identifiable information under section 363(b)(1)(B). Such information may include presentation of—
the debtor’s privacy policy;
the potential losses or gains of privacy to consumers if such sale or such lease is approved by the court;
the potential costs or benefits to consumers if such sale or such lease is approved by the court; and
the potential alternatives that would mitigate potential privacy losses or potential costs to consumers.
A consumer privacy ombudsman shall not disclose any personally identifiable information obtained by the ombudsman under this title.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 109–8 title II § 232(a) · 119 Stat. 23
Enacted · 11 U.S.C. § 332
Added Pub. L. 109–8, title II, § 232(a), Apr. 20, 2005, 119 Stat. 73
Source evidence
Code source credit
Added Pub. L. 109–8, title II, § 232(a), Apr. 20, 2005, 119 Stat. 73Enacted provision · exact public law section
(a) Consumer Privacy Ombudsman.— Title 11 of the United States Code is amended by inserting after section 331 the following: “§ 332. Consumer privacy ombudsman “(a) Deadline. If a hearing is required under section 363(b)(1)(B), the court shall order the United States trustee to appoint, not later than 5 days before the commencement of the hearing, 1 disinterested person (other than the United States trustee) to serve as the consumer privacy ombudsman in the case and shall require that notice of such hearing be timely given to such ombudsman. “(b) The consumer privacy ombudsman may appear and be heard at such hearing and shall provide to the court information to assist the court in its consideration of the facts, circumstances, and conditions of the proposed sale or lease of personally identifiable information under section 363(b)(1)(B). Such information may include presentation of— “(1) the debtor’s privacy policy; “(2) the potential losses or gains of privacy to consumers if such sale or such lease is approved by the court; “(3) the potential costs or benefits to consumers if such sale or such lease is approved by the court; and “(4) the potential alternatives that would mitigate potential privacy losses or potential costs to consumers. “(c) A consumer privacy ombudsman shall not disclose any personally identifiable information obtained by the ombudsman under this title.” .Statutory Time-Periods Technical Amendments Act of 2009
Pub. L. 111–16 § 2(3) · 123 Stat. 1607
Substituted · 11 U.S.C. § 332(a)
Pub. L. 111–16 substituted “7 days” for “5 days”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 111–16 substituted “7 days” for “5 days”.Enacted provision · exact public law section
(3) in section 332(a), by striking “5 days” and inserting “7 days”;Effective date note
Amendment by Pub. L. 111–16 effective Dec. 1, 2009, see section 7 of Pub. L. 111–16, set out as a note under section 109 of this title.
2 of 2 references resolved to an enrolled provision
Editorial Notes
Amendments
2009—Subsec. (a). Pub. L. 111–16 substituted “7 days” for “5 days”.
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by Pub. L. 111–16 effective , see section 7 of Pub. L. 111–16, set out as a note under section 109 of this title.
Effective Date
Section effective 180 days after , and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as an Effective Date of 2005 Amendment note under section 101 of this title.
Credits
2005–2009 · 2 acts
- 2005Added Pub. L. 109–8, title II, § 232(a), , 119 Stat. 73
- 2009amended Pub. L. 111–16, § 2(3), , 123 Stat. 1607.
Show as published
(Added Pub. L. 109–8, title II, § 232(a), , 119 Stat. 73; amended Pub. L. 111–16, § 2(3), , 123 Stat. 1607.)