Shine the Light: The Use of Examiners to Uncover Fraud in Chapter 11 Cases

American Bankruptcy Institute, Commercial Fraud Taskforce Newsletter April, 2008

The Appointment of an Examiner Given the highly charged atmosphere in today’s financial world and the perceived corporate fraud epidemic, there is every reason to believe that the use of examiners in chapter 11 cases will continue to increase. Practitioners will need to be knowledgeable regarding the scope, parameters and limits of an examiner. 11 U.S.C. §1104(c)(1) provides for the...

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