For assignees and receivers

Can an assignee or receiver sell a company's data?

Last checked 2 November 2026

Can an assignee or receiver sell a company's data?
ABCAssignee holds title, state law
ReceivershipPowers set by the appointing order
Estate size50 or more staff at peak
Close window2 to 8 weeks after access starts
Answer

Yes. In an assignment for the benefit of creditors the assignee holds title to the assets and, in most states, sells them without a court order. A receiver sells under the order that appointed them. Either can license a copy of the company's records as one of the assets.

Why ABCs suit a data licence

An ABC is quick and private, and the assignee's job is to turn every asset into cash for creditors. The records are often the one asset nobody has priced. A licence adds to the distribution without delaying the sale of anything else.

What a receiver checks

Whether the appointing order covers the sale or licence of intangible property, or whether a further order is needed. Where it is needed, the licence terms are short enough to attach to the motion.

What stays out

Anything the company did not own, consumer personal data the privacy policy did not allow to be transferred, and the regulated categories refused on every deal: substance use treatment records, HIV records, medical records, privileged files and export-controlled material.