Mark B. Conlan, left, and Noel L. Hillman, right, of Gibbons P.C. Courtesy photos Bankruptcy Rule 9031: Out of Date and Out of Touch—Why an Amendment is Long Overdue
Rule 9031 of the Federal Rules of Bankruptcy Procedure prevents all bankruptcy judges and, if broadly interpreted, any federal judge hearing bankruptcy cases and proceedings, from appointing special masters. The rule is outdated and should be repealed or amended to accord with the reality of today's complex Chapter 11 cases.
June 07, 2024 at 10:00 AM
9 minute read
Rule 9031 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules) prevents all bankruptcy judges, and, if broadly interpreted, any federal judge hearing bankruptcy cases and proceedings, from appointing special masters. The rule has not been amended since its adoption in 1983. It is outdated and should be repealed or amended to accord with the reality of today's complex Chapter 11 cases and related proceedings.
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