In bankruptcy proceedings involving the US retailer Crumbs Bake Shop Inc (Crumbs), the US trustee has opposed the sale of Crumbs’ customer lists on the basis that this would violate Crumbs’ privacy policy. The privacy policy allows personal data held by Crumbs to be transferred only where this is required by government authorities, needed to provide services or following customer consent. The US trustee is arguing that the sale of the Crumbs business following bankruptcy does not fall within any of these three categories and should be prohibited unless a consumer privacy ombudsman is appointed by the bankruptcy court to ensure that the personal data is protected in the sale.