Guides · 19 articles
Guides to selling data assets in bankruptcy
Plain-English guides for debtors, counsel and trustees: selling data in Chapter 11 and Subchapter V, Section 363, privacy and the consumer privacy ombudsman, valuation, DIP financing and Chapter 7.
Strategy
2 guides
How long does a data sale take in bankruptcy?
A week-by-week timeline for selling or licensing company data in Chapter 11, Subchapter V or Chapter 7, and the things that speed it up or slow it down.
Read guide · 5 minSelling company data before filing bankruptcy
Raising cash from a data license before a Chapter 11 filing - fiduciary duties near insolvency, fraudulent transfer and preference risk, lender consent and timing.
Read guide · 5 minCourt process
5 guides
Can you sell company data in Chapter 11?
Yes, usually, with court approval. How data becomes estate property, when a sale needs a Section 363 motion, and what the court, lenders and creditors will ask.
Read guide · 6 min
Data assets in a plan of reorganization
Selling or licensing data through a Chapter 11 plan instead of a 363 motion: what Section 1123 allows, and the effect on disclosure, voting and feasibility.
Read guide · 6 min
Section 363 sale of data assets, explained
How a Section 363 sale or license of company data works: the motion, notice, bidding, privacy limits under 363(b)(1), the good-faith finding and the sale order.
Read guide · 6 min
Subchapter V asset sales: selling data to fund a small business plan
How small business debtors in Subchapter V can sell or license company data, what the Subchapter V trustee does, and how proceeds can support a plan.
Read guide · 5 min
Working with the creditors' committee and U.S. Trustee on a data sale
What the official creditors' committee and the U.S. Trustee will ask about a data sale or license, and how to answer before anyone files an objection.
Read guide · 5 min
Privacy
2 guides
Customer data and the consumer privacy ombudsman
When Section 363(b)(1) limits selling personally identifiable information, when an ombudsman is appointed under Section 332, and how de-identification fits in.
Read guide · 5 minDe-identifying company data for a bankruptcy sale
How operational data is de-identified before a sale or license in bankruptcy, what courts and ombudsmen look for, and why no method guarantees zero risk.
Read guide · 5 minBy state
3 guidesData asset sales in a Delaware Chapter 11
How debtors in the District of Delaware can sell or license de-identified company data: local practice, sale procedures, committees, the Delaware privacy act and timing.
Read guide · 5 minNew Jersey Chapter 11 data sales: a practical guide
How companies in a New Jersey bankruptcy can license de-identified operational data: the District of New Jersey, complex cases, the NJ Data Privacy Act, lenders and timing.
Read guide · 5 minSelling company data in a Texas Chapter 11
How data sales work for Chapter 11 and Subchapter V debtors in Texas bankruptcy courts: venue, the complex case panel, Texas privacy law, lenders and a practical timeline.
Read guide · 6 minFinancing
2 guides
DIP financing alternatives for a cash-strapped Chapter 11
When DIP financing is expensive or unavailable, debtors look at cash collateral, non-core asset sales, data licensing, and plan sponsors. Pros and cons of each.
Read guide · 5 min
How data sale proceeds flow into the bankruptcy estate
Where the money goes after a court-approved data sale - estate accounts, liens on proceeds, cash collateral rules, DIP budgets, fees and creditor recoveries.
Read guide · 5 minBy industry
3 guidesHealthcare bankruptcy: what data can be sold, and what can't
For distressed medical practices, clinics, home health agencies and healthcare vendors: which operational data can be licensed in bankruptcy, why patient data stays out, and the special rules.
Read guide · 5 minManufacturing company data in bankruptcy: ERP, quality and shop-floor records
How distressed manufacturers can license de-identified ERP, quality, maintenance and engineering records in Chapter 11 or Chapter 7, and what export controls and customer contracts require.
Read guide · 5 minSaaS and software companies in bankruptcy: what data is yours to sell
Distressed SaaS and software companies: why customer data usually isn't yours to license, which internal records are, and how to run a data sale alongside a code or customer sale.
Read guide · 5 minEvery week of runway matters. Find out what your data is worth.
A confidential, no-cost valuation built for your case: what's saleable, what it could bring, what approvals it needs, and how fast it could close. Nothing is shared without your approval and, where required, the court's.