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Extract of article by Vincenzo Toppi and Yann Geron

The number of electronic data sources, ranging from webmail to mobile devices to social platforms and cloud apps, is rising exponentially in the digital age. According to an EMC Digital Universe study, data produced by an organization continues to grow at an annual rate of 40 percent. This ever-expanding data universe presents concerns for bankruptcy trustees. The trustee is charged with finding, isolating and maintaining a vast amount of pristine data in order to effectively administer the estate. This includes managing accounts receivable collections and inventory liquidations, as well as notifying creditors and identifying assets.

One of the key issues is the gap of time where you have to control the data before the actual mechanics are in place. It is very difficult to discover where all of the data lies. You don’t have easy access to the passwords or to the organization’s data map. Gaining access to critical data then relies upon identifying key people—and this is not typically senior management. It is the people at the desk, those who know the mapping system, have the passcodes and know how to gain access to the data. Locating these individuals is extremely difficult—they simply walk away because they aren’t getting paid. The trustee must understand what legal tools are available to the trustee and be able to identify who holds the keys to the kingdom.

 

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