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Tech Bankruptcy
October 28, 2006
  Draft Interim Rules on BAPCPA - Consumer Privacy Ombudsman
First published August 10, 2005

The Draft Interim Business Rules on BAPCPA include a new Rule 6004(g), governing the sale or lease of personally identifiable information. The rule provides that a motion seeking to sell or lease personally identifiable information in a manner that does not conform with the relevant privacy policy (a non-conforming sale) shall include a request for an order instructing the U.S. Trustee to appoint a consumer privacy ombudsman. This will be treated as a contested proceeding.

The CPO will have to file a certificate with the Court disclosing his or her connections with the debtor, creditors, other professionals and the U.S. Trustee's office.
 
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Warren E. Agin is a partner in Swiggart & Agin, LLC, a boutique law firm in Boston, Massachusetts focusing on the needs of technology companies. Mr. Agin heads its bankruptcy department. The author of the book Bankruptcy and Secured Lending in Cyberspace (3rd Ed. West 2005), Mr. Agin also chaired the ABA's E-commerce and Insolvency Subcommittee from 1999 to 2005, co-chaired the Boston Bar Association's Internet and Computer Law Committee (2003-2005), and served on the American Bar Association's Standing Committee on Technology and Information Services (2008-2011). Mr. Agin currently co-chairs the Editorial Board of Business Law Today. A contributing editor to Norton Bankruptcy Law and Practice, 3d, and co-author of its chapter on intellectual property for the past fifteen years, he is author of numerous legal articles and addresses on topics of technology, internet and bankruptcy law.

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