1. IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re: : Chapter 11
:
GOLFSMITH INTERNATIONAL :
HOLDINGS, INC., et al., : Case No. 16-12033 (LSS)
:
:
Debtors :
NOTICE OF APPOINTMENT OF CONSUMER PRIVACY OMBUDSMAN
Andrew R. Vara, the Acting United States Trustee for Region 3, pursuant to section
332 of title 11 of the United States Code (the “Bankruptcy Code”) and this Court’s order dated
October 6, 2016 (Docket No. 196) (the “Bidding Procedures Order”) directing the
appointment of a consumer privacy ombudsman, hereby appoints Cassandra Porter, an attorney
with Lowenstein Sandler, having an office located at 65 Livingston Avenue, Roseland, NJ 07068,
as the Consumer Privacy Ombudsman in these cases, effective as of October 7, 2016. The
appointee’s Verified Statement is attached as Exhibit A and the appointee’s Acceptance of
Appointment and Verified Statement is attached as Exhibit B.
The Ombudsman shall perform the functions set forth in 11 U.S.C. § 332(b), and at all
times comply with 11 U.S.C. § 332(c). The Ombudsman shall be compensated pursuant to 11
U.S.C. § 330, upon approval by the Court of a request for compensation, for time charges and
reimbursable expenses of the Ombudsman and that of any professionals or paraprofessionals
who assist the Ombudsman in her duties.
Section 332(b) and (c) of the Bankruptcy Code provide that:
(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
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conditions of the proposed sale or lease of personally identifiable
information under section 363(b)(1)(B). Such information may
include presentation of—
(1) the debtor’s privacy policy;
(2) the potential losses or gains of privacy to consumers if such
sale or such lease is approved by the court;
(3) the potential costs or benefits to consumers if such sale or
such lease is approved by the court; and
(4) the potential alternatives that would mitigate potential
privacy losses or potential costs to consumers.
(c) A consumer privacy ombudsman shall not disclose any personally
identifiable information obtained by the ombudsman under this
title.
The Consumer Privacy Ombudsman is hereby notified that a hearing for approval of a
proposed sale of certain of the Debtors’ assets is scheduled for Monday, October 24, 2016 at 10:00
a.m. in the United States Bankruptcy Court, Courtroom #2, 824 Market Street, Sixth Floor,
Wilmington, Delaware 19801.
Respectfully submitted,
ANDREW R. VARA
ACTING UNITED STATES TRUSTEE
By: /s/ Jane M. Leamy
Jane M. Leamy (#4113)
Trial Attorney
J. Caleb Boggs Federal Building
844 King Street, Suite 2207, Lockbox 35
Wilmington, DE 19801
(302) 573-6491
Dated: October 11, 2016 (302) 573-6497 (Fax)
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