Motion to Appoint an Examiner


Summary

This motion to appoint an examiner template is for use in a bankruptcy proceeding. This template includes practical guidance, drafting notes, and optional clauses. An examiner is an independent fiduciary appointed in bankruptcy cases to investigate the debtor in instances of egregious mismanagement and improper conduct. An examiner, like a Chapter 11 trustee, is part of a series of checks and balances in the Bankruptcy Code intended to (1) address a lack of information regarding the debtor or its operations, and (2) protect a debtor's creditors and the integrity of the bankruptcy process. Section 1104(c) of the Bankruptcy Code provides for the appointment of an examiner, upon request, if the appointment is in the best interest of the estate or if the debtor's unsecured debt exceeds $5 million. If a court approves a request to appoint an examiner, the court will outline the examiner's role, duties, and compensation in the order approving the request. Stakeholders in a case typically ...