Serving Technology Companies
Swiggart & Agin, LLC

Consumer Privacy Ombudsman

Warren E. Agin, of Swiggart & Agin, LLC, is available to serve as a Consumer Privacy Ombudsman in appropriate Chapter 7 and 11 bankruptcy cases across the country. Appointments include:

  • In re vCentrix, Inc., 08-44160-JBR (D. Mass.)
  • In re WineCare Storage, LLC, 13-10268-REG (S.D.N.Y.)
  • In re Vermont Center for the Deaf and Hard of Hearing, Inc., 14-10556-CAB (D. Vt.)
  • In re TGAG, LLC, 13-22403-RRD (S.D.N.Y.)

Update on Bankruptcy Reform

On April 20, 2005, President Bush signed The Bankruptcy Abuse Prevention and Consumer Protection Act, drastically changing how the bankruptcy process works in business cases. Effective October 17, 2005, Chapter 11 debtors have to ask the Court to appoint a Consumer Privacy Ombudsman before selling or leasing some kinds of consumer information.

Swiggart & Agin, LLC Consumer Privacy Ombudsman Services

BAPCPA changed section 365 of the Bankruptcy Code to require appointment of a Consumer Privacy Ombudsman in connection with some sales of consumer information. Warren Agin and Swiggart & Agin, LLC are ideally situated to fill this role, which requires an intimate knowledge of both on-line privacy issues and bankruptcy M&A. Our firm's lawyers have helped technology clients deal with on-line consumer privacy issues since the advent of the commercial Internet. Warren Agin is a knowledgable bankruptcy professional who has worked extensively on both bankruptcy M&A and privacy issues. He is the author of the leading treatise on insolvency and technology issues, Bankruptcy & Secured Lending in Cyberspace (which includes a chapter on privacy rights), and formerly chaired the American Bar Association's E-commerce and Insolvency Subcommittee. He has lectured and written on the Consumer Privacy Ombudsman provisions since their introduction in Congress.

Related Publications and Presentations

  • Author, Reconciling the FTC Act with the Consumer Privacy Ombudsmanís Role, American Bankruptcy Institute Journal, Vol. 29, No. 8 (October 2010).
  • Speaker, Protecting Consumer Privacy in Bankruptcy Mergers and Acquisitions, International Association of Privacy Professionals, Toronto (October 19, 2006).
  • Author, Handling Customer Data in Bankruptcy Mergers and Acquisitions: Coping with the Consumer Privacy Ombudsman Provisions of BAPCPA, ABI Journal, Vol. XXIV, No. 6 (July/August, 2005).
  • Presenter, Privacy and Property Concerns for Data Collections in Bankruptcy: Playing Games after Toysmart, Information: Privacy, Property and Policy, University of Maine Law School, June 7, 2001.
  • The Leahy-Hatch Amendment: A Defined Framework for Addressing Customer Data Concerns in Bankruptcy Cases, Norton Bankruptcy Law Adviser (April 2001).


What's New!

Mr. Agin was appointed as the CPO in In re Vermont Center for the Deaf and Hard of Hearing, Inc., a case involving sensitive health and education records.

On March 3, 2014, Warren Agin was appointed the Consumer Privacy Ombudsman in In re WineCare Storage, LLC, pending in the Bankruptcy Court for the Southern District of New York.

Warren Agin was appointed as the Consumer Privacy Ombudsman in the vCentrix, Inc. bankruptcy case.

Mr. Agin has been invited to speak on the Consumer Privacy Ombudsman provisions of BAPCPA at the IAPP Privacy Summit in Toronto.