Motion to Discharge Examiner

Summary

This motion to discharge examiner template is for use in a bankruptcy proceeding where an examiner has been appointed and completed its tasks. This template includes practical guidance, drafting notes, alternate, 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. Section 1104 of the Bankruptcy Code specifically lists items for an examiner to investigate: fraud, dishonesty, incompetence, misconduct, mismanagement, or irregularity in the debtor's current or former management. After the examiner has completed its investigation and related assigned tasks, the examiner will move to be discharged of its responsibilities. In the motion to discharge, the examiner will also typically seek, among other things, (1) to be protected from third-party discovery, (2) authority to retain and dispose of documents gathered during the investigation, (3) exculpation for the examiner and the examiner's professionals, and (4) approval of a procedure for filing final fee applications. For a full listing of key content when litigating disputes in bankruptcy cases, see Bankruptcy Litigation Resource Kit. For more information on examiners, see Chapter 11 Examiners and Chapter 11 Trustees versus Chapter 11 Examiners. For a template motion to appoint an examiner, see Motion to Appoint an Examiner. For general information on changing control of a debtor in a Chapter 11 case, see Management in Chapter 11 — Change of Control Mechanisms.