11 U.S.C. § 332

Consumer privacy ombudsman

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(a) 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.(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.(Added Pub. L. 109–8, title II, § 232(a), Apr. 20, 2005, 119 Stat. 73; amended Pub. L. 111–16, § 2(3), May 7, 2009, 123 Stat. 1607.)Editorial NotesAmendments

2009—Subsec. (a). Pub. L. 111–16 substituted “7 days” for “5 days”.

Statutory Notes and Related SubsidiariesEffective Date of 2009 Amendment

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.

Effective Date

Section effective 180 days after Apr. 20, 2005, 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.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2010–2025 · leading case: In Re Saint Vincents Catholic Med. Centers of Ny, 429 B.R. 139 (Bankr. S.D.N.Y. 2010).

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In Re Saint Vincents Catholic Med. Centers of Ny, 429 B.R. 139 (Bankr. S.D.N.Y. 2010). · cites it 2× “On April 21, 2010 the United States Trustee pursuant to its duties imposed by 11 U.S.C. § 332 and an April 16, 2010 Order of this Court appointed a Consumer Privacy Ombudsman.”

Christina Roth v. Brian Budsberg, 431 F. App'x 541 (9th Cir. 2011). “MEMORANDUM ** William Hagler appeals the Bankruptcy Appellate Panel’s (“BAP”) decision affirming the Bankruptcy Court’s grant of summary judgment in his 11 U.S.C. § 332 (b) action alleging that Brian Budsberg, as trustee of Debtor Christina Roth’s bankruptcy estate, negligently…”

Bank of New York Mellon v. Jefferson Cnty. (In re Jefferson Cnty.), 503 B.R. 849 (Bankr. N.D. Ala. 2013). · cites it 2× “§ 330 (a) for “reasonable compensation for actual, necessary services” and "actual, necessary expenses” of a trustee, a consumer privacy ombudsman appointed under 11 U.S.C. § 332 ; an examiner, an ombudsman appointed under 11 U.”

Publishers Clearing House LLC (Bankr. S.D.N.Y. 2025). “11 U.S.C. § 332 (b). A court may approve the sale after affording “due consideration to the facts, circumstances, and conditions” of the sale following the appointment of the consumer privacy ombudsman.”

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