American Bankruptcy Institute: A Simple Decision in a Complex Case - Appointment of an Examiner Is Not Discretionary

O’Melveny counsel Lauren Wagner authored an article for American Bankruptcy Institute’s “Litigator’s Perspective” column discussing the bankruptcy of cryptocurrency company FTX and the Third Circuit's decision in In re FTX Trading Ltd.

“In a remarkably simple ruling, the court held that as long as predicates under § 1104 (c) of the Bankruptcy Code are met, a bankruptcy examiner must be appointed,” writes Wagner. “The decision could have important implications for large bankruptcy cases.”

American Bankruptcy Institute subscribers can access the full article here.

Wagner advises and represents individuals, banks, private equity funds, and other financial services firms in litigation and compliance relating to bankruptcy, lender disputes, bank liability, fraud, and regulatory compliance. She draws innovative litigation judgment and finance sophistication from her experiences as a secondee in the US Litigation group at Morgan Stanley, and as a clerk in Southern District of New York Bankruptcy Court.