Emory Bankruptcy Developments Journal


In corporate bankruptcies, regulations encourage the de-identification of consumer information and the restriction of sales to a limited pool of qualified purchasers operating in a similar industry. Judicial discretion is used to transfer privity from a debtor to a qualified purchaser. Both de-identification and the qualified purchaser requirement reduce consumer data values in bankruptcy and provide only a thin veil of protection. This Comment argues that courts should use their discretion to alter not only the privity among parties but also the terms of purchase in bankruptcy to maximize the value of consumer data claims.