11 U.S.C. § 332
Section 332 · Consumer privacy ombudsman
This is § 232 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
Amended 2 times on record
Applied in 5 court decisions — leading case In Re Saint Vincents Catholic Med. Centers of Ny (2010)
Most recently applied in Bank of New York Mellon v. Jefferson County (In re Jefferson County) (July 2013)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
2009—Subsec. (a). Pub. L. 111–16 substituted “7 days” for “5 days”.
Effective 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.