- examiner
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a professional appointed by the bankruptcy court to investigate and oversee certain aspects of the debtor or the proceedings. (By way of comparison, the role of the trustee is to operate the business of the debtor whereas the role of the examiner is to investigate and report to the court.) (Glossary of Common Bankruptcy Terms)An examiner is an officer appointed by the bankruptcy court to review certain aspects of the operation of a Chapter 11 debtor. Aside from the investigative function, examiners have been used as mediators to assist the court in resolving disputes between and among various factions in a bankruptcy court. (Bernstein's Dictionary of Bankruptcy Terminology)The appointment of an examiner in a chapter 11 case is rare. The role of an examiner is generally more limited than that of a trustee. The examiner is authorized to perform the investigatory functions of the trustee and is required to file a statement of any investigation conducted. If ordered to do so by the court, however, an examiner may carry out any other duties of a trustee that the court orders the debtor in possession not to perform. 11 U.S.C. ยง 1106. Each court has the authority to determine the duties of an examiner in each particular case. In some cases, the examiner may file a plan of reorganization, negotiate or help the parties negotiate, or review the debtor's schedules to determine whether some of the claims are improperly categorized. Sometimes, the examiner may be directed to determine if objections to any proofs of claim should be filed or whether causes of action have sufficient merit so that further legal action should be taken. An examiner may not serve as a trustee. (BankruptcyAction.com)
United Glossary of Bankruptcy Terms 2012.
- examiner
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An examiner is an officer appointed by the bankruptcy court to review certain aspects of the operation of a Chapter 11 debtor. Aside from the investigative function, examiners have been used as mediators to assist the court in resolving disputes between and among various factions in a bankruptcy court.
US Bankruptcy 2012.
Glossary of Bankruptcy.