Updated October 2026
Selling company data in bankruptcy, an ABC or a wind-down
You are running an estate, an ABC or a wind-down, and the company's email, chat and shared drives are still switched on. AI companies now bid on archives like that. In Spirit Airlines' Chapter 11 case, Google won the auction for the airline's internal data at $10.0M, with Mercor as the alternate bidder at $7.5M. As of mid-October 2026 the court had not approved the sale, and the hearing is set for 2026-11-06.1,2
What changed
The archive used to be abandoned. Now it gets a bid
Liquidations have long sold customer lists, domains and brands. What is new in 2026 is a buyer for the internal record: the emails, Teams and Slack threads, shared drives and tickets that show how a company actually worked. Spirit's archive ran to about 100M emails across 80,000 accounts and 500M Teams items, and three AI-related bidders wanted it.3,1,4
Outside the courtroom, the same market runs through wind-down brokers. SimpleClosure says 350+ companies have offered assets through its AssetHub since it launched in April 2026, and MIT Technology Review reports that 47% of SimpleClosure's deals now include code or data.5,6
| Fact | Value and source |
|---|---|
| Spirit data auction | Virtual auction of about two and a half hours on 2026-08-14, run by Davis Polk and PJT Partners. Google opened at $5.0M and won at $10.0M cash; Mercor is the alternate bidder at $7.5M |
| Spirit archive size in the filings | About 100M emails across 80,000 accounts; 17,082,644 OneDrive items; 20,577,677 SharePoint items; 500M Teams items; 175,658 employee records dating from August 1986 |
| Companies on AssetHub | 350+ companies have offered assets through AssetHub since it launched in April 2026 |
| Share of wind-down deals with data | 47% of SimpleClosure's deals now include code or data |
By proceeding
Where data sales have happened so far
Chapter 11: Spirit is the only reported US bankruptcy sale of an internal-communications archive to an AI buyer. Earlier Chapter 11 data sales were consumer records sold with a brand: Bed Bath & Beyond's digital assets, including business data, went to Overstock for $21.5M, and 23andMe's assets went to TTAM Research Institute for $305M. Those are context, not comparables, because the AI data buyers we list say they strip out names and personal details before licensing.7,8,9,10,11
Assignments for the benefit of creditors: Zulily's ABC, run by Douglas Wilson Companies through Zulily ABC, sold the brand and a customer database to Beyond for $4.5M plus costs. No reported ABC has yet sold an email or Slack archive to an AI buyer.12,13
Voluntary wind-downs: this is where most deals close. SimpleClosure reports 150+ data deals, typically $10K-$100K each. Cielo24 sold 13 years of Slack, Jira and email for what was reported as hundreds of thousands of dollars.14,15
Who is involved
The people who decide whether the archive is sold
In Chapter 7, the US Courts guide describes the trustee's primary role in an asset case as liquidating nonexempt assets in a way that maximizes the return to unsecured creditors. In Chapter 11, the debtor usually remains in possession, and a sale outside the ordinary course of business needs the court's permission. In Spirit, the bidding procedures were set by court order, Davis Polk and PJT Partners ran the auction, and a consumer privacy ombudsman reviewed the deal.16,17,18,19,20
Liquidators are starting to name the asset. Hilco Global now lists an advisory line for proprietary enterprise data, codebases and AI training assets in restructuring, bankruptcy and Article 9 situations. License My Data says it works with trustees, administrators, liquidators and wind-down officers.21,22
A separate asset
Treat the data as its own line in the asset list
The archive is not the brand, the customer list or the code, even when those are sold in the same process. Spirit shows why it pays to scope it on its own: Google dropped five datasets, including passenger records and timecards, without changing its $10.0M price. A declaration filed after the auction said the way personal details are stripped out, and other privacy factors, may decide the outcome.23,24
Before any server is wiped or any workspace lapses, ask a licensing company to sample what exists. Workspaces on Slack, Google Workspace and GitHub get deleted after non-payment, and nobody can price an archive that is gone.25
Closed does not mean too late. Pewter, one of the buyers we work with, says it takes US firms that are operating, winding down or already closed, if they had 20+ full-time staff and 3+ years of records. The match quiz shows which buyers take a company in your position and introduces you to them.26
FAQ
Questions, answered with sources
Far less than Spirit's. SimpleClosure reports 150+ wind-down data deals, typically $10K-$100K each.14
Epiq counted 6,560 commercial Chapter 11 filings from January to September 2026, up 11% from 5,895 a year earlier.29
MIT Technology Review reports that proceeds from dead startups' data typically go to senior creditors and investors, not employees. How proceeds are distributed in any one case is a question for the fiduciary and the licensing company.30
Every business is different, so this one is best talked through with the buyer you're working with. Their team goes over it with you before anything is signed.
Every business is different, so this one is best talked through with the buyer you're working with. Their team goes over it with you before anything is signed.
Before you sign
Questions to talk through with your buyer
Every business is different, so these are best talked through with the buyer you're working with. Their team goes over them with you before anything is signed.
Questions for this kind of business
- Who owns this data: the company, an estate, or someone else?
- Is a consumer privacy ombudsman, court approval, or notice and a hearing needed?
- What are the trustee's, assignee's, receiver's or board's duties, and who receives the proceeds?
- Which proceeding fits: an ABC, Chapter 7, Chapter 11 or a dissolution?
Questions for any buyer
- Is the license exclusive, and for how long?
- Can you sublicense the data, and to whom?
- Which AI labs will receive it, and will you tell us?
- How long do you keep it, and how is it deleted?
- What is your liability cap, and who indemnifies whom?
- Will the contract ban re-identification of people in the data?
- Who removes personal data, by what method, and do we approve it first?