NO CLE: Great Debates

This session will discuss the broader policy debate on the usefulness, functionality and policy issues of examiners and trustees in chapter 11.

➤ Bankruptcy examiners drive up the cost of the bankruptcy process and generally do not deliver benefits that justify their expense and distraction.
➤ Bankruptcy examiners play an important role in ensuring the integrity of the bankruptcy process and should be appointed more regularly.
➤ Typically, it should be the role of an official committee, rather than an examiner, to investigate estate causes of action in circumstances that implicate the debtor’s insiders such that the debtor is conflicted.