Since the United States Court of Appeals for the Third Circuit entered its decision in In re FTX Trading Ltd, 91 F.4th 148 (3d Cir. 2024), much has been written about the appointment of an examiner. Lauren M. Wagner may have captured the essence of FTX best in the title of her article A Simple Decision in a Complex Case: Appointment of an Examiner is Not Discretionary, in the ABI July’s 2024 Journal. Lauren M. Wagner, ABI Journal, July, 2024. The facts of FTX gave rise to great discussions and much fanfare. And its CEO, his behavior (and his hair) helped keep it interesting. But now that time has passed – what does FTX really mean to the Chapter 11 practice and will it change the dynamic between Debtors and Creditors?
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