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Retrieved on: 2024-02-26 16:48:24
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Summary
The article examines the FTX bankruptcy case, focusing on the debate over the mandatory appointment of an examiner under U.S. bankruptcy law. Legal experts provide perspectives on the obligations and discretion of bankruptcy courts in appointing examiners, scrutinizing the balance between statutory requirements and the principles that guide Chapter 11 proceedings. The decision by the Third Circuit endorsing examiner appointment reflects a tension between streamlining corporate restructurings and ensuring thorough independent investigations, particularly when fraud and mismanagement are alleged, as in the case of Sam Bankman-Fried's FTX.
Article found on: www.jdsupra.com
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