Bankruptcy courts handle over one million cases yearly ranging from simple consumer cases to complex multi-billion dollar business cases. Thousands of parties appear before bankruptcy courts in various capacities raising an infinite array of issues. The courts are both needed and expected to administer these cases fairly and efficiently. To do so, bankruptcy courts, which are courts of equity, utilize a variety of tools to manage their dockets, however, one obvious tool remains outside of their reach – the use of special masters. Efforts are currently underway to change this.
Attached is my article exploring this topic and efforts to amend Bankruptcy Rule 9031.
2024.06 - ABI Journal - 9031 Article (with reprint permission)