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Third Circuit: Bankruptcy Court Lacks Discretion to Deny Examiner Appointment Motion in Large Chapter 11 Cases | Jones Day

The Bankruptcy Code provides that, in chapter 11 cases where the court does not find "cause" for the appointment of a trustee, the court "shall" appoint an examiner, upon a request from.

FTX: Forcing The Examiner Mandate In The Third Circuit - Insolvency/Bankruptcy

It is a rare occasion that one can be assured with certainty that, if they file a motion with a bankruptcy court, it will be granted.

FTX: Forcing The Examiner Mandate in the Third Circuit | Mintz - Bankruptcy & Restructuring Viewpoints

It is a rare occasion that one can be assured with certainty that, if they file a motion with a bankruptcy court, it will be granted. But, in the Third Circuit, that is exactly what.

Third Circuit Implements the Examiner Mandate Under FTX

MOAC Implications for DIP Lenders, Not Just for Asset Purchasers

DIP Lenders and potential lessees or purchasers should be aware of both sides of the MOAC holding provisions of sale and DIP Financing orders not falling under the authorization provisions in sections 363(m) and 364(e) may be vulnerable to reversal on appeal