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Pursuant to § 363(b)(1), where a debtor - in
connection with the offering of a product or service - discloses to an
individual a policy prohibiting the transfer of "personally
identifiable information" [defined in § 101(41A)] to persons not
affiliated with the debtor, the trustee may not sell or lease
"personally identifiable information" to any person (if such policy
was in effect on the date of case commencement) unless: 1) the sale or
lease is consistent with such policy ; or 2) the court - after
appointment of a "consumer privacy ombudsman" under § 332 and after
notice and a hearing - approves such sale or lease.
| Section |
ECF
Event
|
New
Role Types |
Other |
363(b)(1)
101(41A)
332 |
bk>trustee>BA
Appointment of Ombudsman (prompts for type and name of ombudsman) |
Role
Type:Consumer Privacy Ombudsman |
|
|
bk>motion>Motion
for Appointment of Ombudsman
|
Professional
Type: Consumer Privacy Ombudsman* |
|
|
bk>order>Order
on Motion for Appointment of Consumer Privacy Ombudsman
|
|
|
|
bk>orders>Other
Orders>Appoint Ombudsman |
|
|
|
| If a
Ch. 7, 9
or 11 debtor is a "health care business" [defined in §
101(27A)], the court shall order the appointment of an ombudsman to
monitor the quality of patient care and to represent the interests
of the patients of the health care business unless the court finds such appointment is not
necessary for the protection of patients. The Bankruptcy
Administrator/UST is responsible for the appointment of the ombudsman. Among other duties, the
ombudsman - not later than 60 days after appointment, and not less
frequently than 60-day intervals thereafter - shall report to the
court after notice to the parties in interest, at a hearing or in
writing, regarding the quality of patient care provided to patients
of the debtor. ["Patient" and "patient records"
are defined in paragraphs (40A) and (40B) of § 101.
Section
|
ECF
Event
|
New
Role Types
|
Other
|
333
101(27A)
101(40A-B) |
bk>trustee>BA
Appointment of Ombudsman (prompts for type and name of ombudsman)
|
Role
Type:Health Care Ombudsman |
|
|
bk>misc>Ombudsman
Report
|
Professional
Type: Health Care Ombudsman* |
|
|
bk>orders>Other
Orders>Appoint Ombudsman
|
|
|
|