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§ 1104(c)

PG&E Corp., In re

Jul
06
2020
Ruling
Fire victims were not entitled to appointment of an examiner to investigate voting on debtor’s plan where doing so would be unnecessarily duplicative and costly. (Bankr. N.D. Cal.)
Issue(s)
Appointment of Trustee or Examiner; Grounds for Appointment of Examiner.

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Commercial opinion summary, case decided on July 06, 2020 , LexisNexis #0820-069
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In re Dewey & LeBoeuf LLP

Oct
09
2012
Ruling
Settlement agreement and mutual releases entered into by debtor law firm with former partners approved.
Procedural posture

Debtor, a law firm in wind-down mode, filed a motion for approval of various settlement agreements and mutual releases it entered into with former partners, pursuant to Fed. R. Bankr. P. 9019. The other movant, an ad hoc committee that generally opposed the settlement, moved for the appointment of an examiner pursuant to 11 U.S.C.S. § 1104(c).

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Commercial opinion summary, case decided on October 09, 2012 , LexisNexis #1112-027
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In re Residential Capital LLC

Jun
20
2012
Ruling
Examiner appointed in complex chapter 11 case of debtor that operated loan servicer.
Procedural posture

Moving creditor sought the appointment of an examiner, pursuant to 11 U.S.C.S. § 1104(c), to investigate and report on the actions of the affiliated debtors including, without limitation, the debtors' pre-petition transactions with a non-debtor entity.

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Commercial opinion summary, case decided on June 20, 2012 , LexisNexis #0712-062
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In re JNL Funding Corp.

Aug
26
2010
Ruling
Examiner appointed to investigate allegations of fraud, dishonesty, incompetence, misconduct and mismanagement of chapter 11 debtor.
Procedural posture

Debtor filed a petition for relief pursuant to chapter 11 of the Bankruptcy Code. The case was marked by increasing acrimony, motion practice, letters to the court, and discovery disputes, all of which appeared to be increasing the costs of administration of the estate and the costs to parties-in-interest. The court directed debtor to appear and show cause why an examiner should not be appointed.

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Commercial opinion summary, case decided on August 26, 2010 , LexisNexis #1010-101
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In re Erickson Ret. Cmtys. LLC

Mar
05
2010
Ruling
Motion for appointement of examiner denied for lack of standing.
Procedural posture

Debtors, various LLCs and other entities, filed petitions under chapter 11 of the Bankruptcy Code, and the court ordered joint administration of the debtors' bankruptcy estates. Creditors that held subordinated debt against several of the debtors, filed a motion for an order appointing an examiner pursuant to 11 U.S.C.S. § 1104. The motion was opposed, inter alia, by a bank that was the agent for senior secured lenders.

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Commercial opinion summary, case decided on March 05, 2010 , LexisNexis #0510-098
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In re New Century Trs. Holdings Inc.

May
01
2009
Ruling
Examiner's motion to transfer documents and information to liquidating trustee granted.
Procedural posture

The examiner of the debtors sought an order discharging him, granting him relief from discovery by third-parties, and an order permitting the transfer to the liquidating trustee of certain documents and information. The liquidating trustee moved for similar relief.

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Commercial opinion summary, case decided on May 01, 2009 , LexisNexis #0609-126
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Walton v. Cornerstone Ministries Inc.

Dec
05
2008
Ruling
Appointment of examiner mandatory where chapter 11 debtor's fixed, liquidated unsecured debts exceeded $5 million threshold.
Procedural posture

Appellant, the United States trustee, appealed from an order of the Bankruptcy Court for the Northern District of Georgia that denied without prejudice his request for the appointment of an examiner to investigate debtor's alleged improper business dealings. The parties disputed whether 11 U.S.C.S. § 1104(c)(2) was mandatory or discretionary.

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Commercial opinion summary, case decided on December 05, 2008 , LexisNexis #0109-086
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In re Vision Dev. Group of Broward County LLC

Jun
30
2008
Ruling
Appointment of examiner required due to irregularities in debtor's sale of condominium units.
Procedural posture

Creditors alleged that, in connection with a bankruptcy debtor's sale of condominium units to third-party purchasers, the debtor's marketing and development agreements with entities separate from the real estate broker were improper. The creditors moved for appointment of an examiner to investigate the agreements.

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Commercial opinion summary, case decided on June 30, 2008 , LexisNexis #0908-054
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