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.

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