Wesley H. Avery, Esq., a Certified Information Privacy Professional, is legally qualified to act as a Consumer Privacy Ombudsman in the sale or lease of personally identifiable information through the Bankruptcy Court. Mr. Avery holds a U.S. Corporate Privacy Certification otherwise known as a CIPP issued by the International Association of Privacy Professionals or IAPP.
Mr. Avery has been appointed as the Consumer Privacy Ombudsman in the following cases to date:
In re Nasty Gal, Case No. 2:16-bk-24862-BB (Bankr. C. D. Cal. 2016); In re Deer Meadows, LLC, Case No. 16-33768-pcm11 (Bankr. D. Or. 2016); In re Northwest Family Dentistry, LLC, Case No. 16-41750 (Bankr. W.D. Wash. 2016); In re Earth Class Mail, Case No. 15-30982-tmb11 (Bankr. D. Or. 2015); In re Anna’s Linen’s, Case No. 8:15-bk-13008-TA (Bankr. C. D. Cal. 2015); In re Northwest Health Systems, Inc., 15-02968-FPC11 (Bankr. W.D. Wash. 2015); In re Altrec, Case No. 14-30037-rld11 (Bankr. D. Or. 2014); In re The Tulving Company, Case No. 8:14-bk-11492-ES (Bankr. C.D. Cal. 2014); In re Lee, Case No. 8:13-bk-17920-ES (Bankr. C.D. Cal. 2013); In re X10 Wireless, Case No. 13-17073-MLB (Bankr. W.D. Wash. 2013); In re Michael Anthony Mgmt., Case No. 10-55755SLJ (Bankr. N.D. Cal. 2010); In re Big Nevada, Case No. 09-13569-SJ (Bankr. W.D. Wash. 2009).
Mr. Avery has represented buyers and sellers in many sales through the bankruptcy court and is also a panel chapter 7 trustee andthe chapter 12 trustee in the Central District of California. There is no aspect of bankruptcy sales that Mr. Avery is not familiar with. Mr. Avery is certified as a specialist in Bankruptcy Law by the State Bar of California, and by the American Board of Certification which is recognized by the American Bar Association and the American Bankruptcy Institute. Mr. Avery has been awarded AV rating by Martindale-Hubbell. References are available upon request.
Under Section 332 of the Bankruptcy Code, where the sale or lease of personally identifiable information is proposed, the Office of the United States Trustee must appoint a consumer privacy ombudsman.
§ 332. Consumer privacy ombudsman (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 5 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).
Mr. Avery is very experienced in all aspects of the bankruptcy sale process. He is available for immediate appointment as a consumer privacy ombudsman to facilitate a proposed or pending sale in any federal court.