23 Apr 2024
I am Tired of Your Incompetence! Send in the Examiner!
An examiner investigates the debtor's affairs or allegations of management misconduct if either the court determines the appointment would be in the best interests of stakeholders and the estate or the debtor has qualifying unsecured debt exceeding $5 million. Check out this expertly-drafted article discussing a recent decision by the Third Circuit on whether a bankruptcy court can deny a motion to appoint an examiner where the debtor meets the statutory threshold.
Related Content
- Chapter 11 Examiners
Read this practice note on key issues and best practices when seeking or opposing the appointment of an examiner in a Chapter 11 case.
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Review this discussion of the similarities and differences between Chapter 11 trustees and Chapter 11 examiners.
- Motion to Appoint an Examiner
Draft a motion to appoint an examiner.
- Order Granting Motion to Appoint an Examiner
Use this template proposed order to attach to your motion to appoint an examiner.
- Motion to Discharge Examiner
Check out this template motion when moving to discharge the examiner.
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