22 April 2008
The next wave of corporate restructurings is expected to be contentious. In recent years, examiners have been common in corporate restructuring cases. This article addresses the process of appointing an examiner, sealing an examiner’s report, how to use an examiner’s report and a cost/benefit analysis of examiners. In addition, the authors look at the bankruptcy court's discretion in assigning an examiner's duties and the difficulties in keeping an examiner's report out of the public arena.