Download or read book The Bankruptcy Court s Watchdog written by John C. Weitnauer and published by . This book was released on 2011-01-20 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book walks practitioners through the appointment of an examiner in a bankruptcy case, the examiner's responsibilities, the selection and appointment process, the requirements for the examiner's final report and the examiner's fee structure. This comprehensive manual is replete with case law, with several appendices that contain examples from actual cases.
Download or read book Ethics for Examiners written by Daniel J. Bussel and published by . This book was released on 2016 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Litigate or settle” is the choice generally available to disputants in American courts, including federal bankruptcy courts. In authorizing examiners, however, the Bankruptcy Code provides one very specific procedural device peculiarly suited to introduce inquisitorial process into a chapter 11 case. Until recently, examiners were seldom employed, and even when employed were not a true inquisitorial alternative to “litigate or settle.” Rather, examiners would determine the legal sufficiency of a disputed claim but not opine on the merits or undertake to resolve factual disputes. In "A Third Way: Examiners As Inquisitors," 90 Am. Bankr. L. J. 59 (2016), I identify and assess an emerging new approach to the bankruptcy examiner's role. While not quite fully embracing an inquisitorial alternative to traditional bankruptcy dispute resolution, In re Tribune Co. and a series of post-Tribune investigations show that inquisitorial methods may be productively employed in certain large bankruptcy cases to resolve complex legal disputes. It may well be that chapter 11 examiners are the perfect persons to launch the inquisitorial experiment in American civil process. This Symposium Article discusses the professional responsibility implications of conducting an inquisitorial-style bankruptcy examination. The inquisitorial bankruptcy examiner faces unique ethical quandaries and considerations, and requires a code of ethics tailored to his role if he is to fully achieve the promise of improving chapter 11 through the introduction of inquisitorial investigative methods. This Article points the way towards developing guidelines to regulate the conduct of examiners that mitigate real, potential and perceived abuses, and further the legitimacy of such investigations.
Download or read book Glannon Guide to Bankruptcy written by Nathalie Martin and published by Aspen Publishing. This book was released on 2022-12-13 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: A powerful combination of well-written explanations, multiple-choice questions, analysis, and exam-taking tips, THE GLANNON GUIDE TO BANKRUPTCY: Learning Bankruptcy Through Multiple-Choice Questions and Analysis prepares you to take any type of exam in a bankruptcy course. Daniel Keating and Nathalie Martin (the holder of the Frederick M. Hart Chair in Consumer and Clinical Law, the only chair in the nation dedicated to issues relevant to consumers and consumer protection) present a thoughtful review of course content—and, in the process, show you how to effectively analyze and answer exam questions. New to the 5th Edition: Thorough coverage of new subchapter V of the Small Business Reorganization Act Text and question on the Supreme Court’s decision in City of Chicago v. Fulton regarding automatic stay violations New material on third-party releases, including Purdue Pharma’s Chapter 11 case Bankruptcy Code dollar figures updated with inflation-adjusted numbers More than 50 new multiple-choice questions Professors and students will benefit from: An extraordinarily user-friendly and interactive approach that students can relate to Multiple-choice questions, pitched at an appropriate level and integrated into a thorough review of bankruptcy topics An introductory overview of bankruptcy law that prepares you to better understand subsequent chapters and questions Clear analysis of both correct and incorrect answers that clarify nuances in the law Valuable exam-taking pointers, applicable to every type of question A challenging final question at the end of each chapter that illustrates a sophisticated problem in the area under discussion Questions in the final chapter that review the concepts covered in the preceding chapters
Download or read book Examiners in Bankruptcy Cases written by and published by Thomson Reuters. This book was released on 2013 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bankruptcy and the Examiner s Office written by Ireland. Courts Service and published by . This book was released on 2008 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book C P A Law Questions of the Board of Examiners American Institute of Accountants and Answers written by American Institute of Certified Public Accountants. Board of Examiners and published by . This book was released on 1925 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Lehman Brothers Examiner s Report written by Mary L. Schapiro and published by DIANE Publishing. This book was released on 2010-11 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: When Schapiro became Chairman of the SEC in Jan. 2009, the agency and financial markets were still reeling from the events of the fall of 2008. Since that time, the SEC has worked to review its policies, improve its operations and address the legal and regulatory gaps that came to light during the crisis. The Lehman failure sheds light on many interconnected and mutually reinforcing causes that contributed to the failure of many major financial institutions, both bank and non-bank. This testimony describes the SEC structure for the supervision of invest. banks and their holding co., the failure of Lehman, the lessons learned from the Consolidated Supervised Entity program, and the legislative and regulatory initiatives that are necessary.
Download or read book The Final Examination Guide to Bankruptcy written by Edward Henslowe Bedford and published by . This book was released on 1877 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Final Examination Guide to Bankruptcy written by Edward Henslowe Bedford and published by . This book was released on 1873 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Measuring the Costs of Chapter 11 Cases written by Stephen J. Lubben and published by Eleven International Publishing. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the costs of both large Chapter 11 cases, that are the subject of much academic and popular attention, and the more typical Chapter 11 cases that are numerically more common. The book calls for a more subtle, less combative examination of Chapter 11. Given the current economic reality in the US, the debate is of special importance. Author S.J. Lubben's findings include: ** the time spent in Chapter 11 has no relationship to cost once a fully specified model is considered. ** references to a professional's "burn rate" are thus misleading, inasmuch as it implies a fixed or constant cost to Chapter 11. Costs ebb and flow through the course of the case. ** repackaged Chapter 11 cases are not significantly cheaper than regular Chapter 11 cases. ** cases filed in New York or Delaware do not cost more. In fact, these jurisdictions seem to actually reduce Chapter 11 costs, likely because of their greater experience with complex Chapter 11 cases. ** fee examiners do not reduce the costs of big Chapter 11 cases. ** the complexity and compensation structure of the professionals retained, which may itself reflect further aspects of complexity, are the key determinants of cost. Debtor size is but a loose proxy for these factors, but is itself of reduced relevance once a fuller model is developed. ** complexity is associated with economies of scale, resulting in lower Chapter 11 costs for the largest, most complex cases.
Download or read book Chapter 11 Corporate Governance and the Role of Examiners written by Stefan Korch and published by . This book was released on 2018 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: The debtor-in-possession model causes major corporate governance problems because the debtor's management has huge incentives to favor some parties over others before or in bankruptcy, e.g. through fraudulent conveyances or preference transfers. Control mechanisms, conversely, are weak. For instance, creditors' committees are often not appointed, ineffective or conflicted. The bankruptcy court has, however, a strong instrument to detect and undo wrongdoing: the appointment of examiners. They can help to overcome many of these problems because they can neutrally investigate all potential violations of the law. On the other side, their appointment also has downsides, e.g. fees, potential delays, and disruptions in reorganization. Hence, the critical question is how courts can assess whether or not to appoint an examiner. There is no easy answer because the courts have little insight into the debtor's circumstances. To overcome this information asymmetry problem, I propose the appointment of preliminary examiners. They should be appointed in a majority of Chapter 11 bankruptcy cases. They would conduct a summary investigation to detect potential violations of the law and report their findings to the bankruptcy court. On that basis, the court could make a more informed decision on the initial question of whether to appoint an ordinary examiner and, further, on the scope of her mandate. The main advantage compared to traditional examiners would be the substantially lower costs. This reform proposal would not only help to enrich the estate in the individual case but would also deter wrongdoing in the future. It hence can be understood as a tool to improve corporate governance in financially distressed or bankrupt companies.
Download or read book A Third Way written by Daniel J. Bussel and published by . This book was released on 2016 with total page 69 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Litigate or settle” is the choice generally available to disputants in American courts, including bankruptcy courts. In authorizing examiners, however, the Bankruptcy Code provides one very specific procedural device peculiarly suited to introduce inquisitorial process into a chapter 11 case. Until recently, examiners were seldom employed, and even when employed were not a true inquisitorial alternative to “litigate or settle.” Rather, examiners would determine the legal sufficiency of a disputed claim but not opine on the merits or undertake to resolve factual disputes. The Tribune chapter 11 case, however, took a different approach to the examiner's role. While not quite fully embracing an inquisitorial alternative to traditional bankruptcy dispute resolution, Tribune and a series of post-Tribune investigations have shown that inquisitorial methods make sense in certain large bankruptcy cases involving complex legal disputes. It may well be that chapter 11 examiners are the perfect persons to launch the inquisitorial experiment in the United States. Part I introduces the thesis. Parts II and III set out the historical and comparative law inquisitorial alternatives to adversary litigation looking at English Chancery, European civil law systems and pre-Tribune examiner practices in US bankruptcy law. Parts IV and V contain the qualitative empirical analysis starting with a detailed look at Tribune and then discussing the small universe of post-Tribune cases in which examiners have been appointed. Part VI is the policy analysis of when and how Tribune-style inquisitorial examinations should be conducted.
Download or read book Glannon Guide to Bankruptcy written by Nathalie Martin and published by Aspen Publishing. This book was released on 2016-10-05 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. The unique, time-tested Examples & Explanations series is invaluable to teach yourself the subject from the first day of class until your last review before the final. Each guide: helps you learn new material by working through chapters that explain each topic in simple language challenges your understanding with hypotheticals similar to those presented in class provides valuable opportunity to study for the final by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysis quickly gets to the point in conversational style laced with humor remains a favorite among law school students is often recommended by professors who encourage the use of study guides works with ALL the major casebooks, suits any class on a given topic provides an alternative perspective to help you understand your casebook and in-class lectures
Download or read book NCUA Examiner s Guide written by United States. National Credit Union Administration and published by . This book was released on 1997 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Public Policy Issues Raised by the Report of the Lehman Bankruptcy Examiner written by United States. Congress. House. Committee on Financial Services and published by . This book was released on 2010 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Uniform System of Bankruptcy written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1933 with total page 1142 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Mandate and Authority of Examiners written by Stefan Korch and published by . This book was released on 2018 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examiners in Chapter 11 are usually appointed to conduct investigations. Recent reform proposals, such as the ABI Reform Proposal and the SABRE-Report, have advocated a more flexible understanding of examiners. Further, some bankruptcy courts have given examiners powers other than investigation. This paper first addresses the question of whether such a use of examiners is permitted under the Bankruptcy Code. Second, a theoretical analysis will show that examiners with enhanced powers can offer huge advantages and can help to overcome problems caused by the debtor-in-possession model. In support, this article presents comparative legal insights from Germany, where, 20 years ago, Chapter 11 was copied into the German Bankruptcy Code. However, the German system provides mandatory supervisors with broad responsibilities in every self-administration procedure. These supervisors are most comparable to U.S. examiners possessing a broad mandate. The article illustrates the rationale behind this legislative decision. For U.S. bankruptcy law and practice, the German experience could be understood as an encouragement to use examiners in a more flexible way and to empower examiners whenever this seems useful. Finally, the ability to file derivative suits on behalf of the debtor serves as an example to illustrate the advantages of examiners having an extended mandate and the means by which the discussed approach could be practically implemented.
