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Administrative Law Bankruptcy Litigation

Debtor v. UST: The Battleground Over Retention of a Chief Restructuring Officer

The battle over retaining a chief restructuring officer, which the United States Trustee has traditionally not objected to, is heating up.

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Nearly two decades ago, a dispute between J. Alix & Associates and the Executive Office of the United States Trustee (EOUST) over J. Alix’s proposed role in two turn-of-the-century restructuring cases (Harnischfeger Industries, Inc. and Safety-Kleen Corp.) led to détente, and a procedure that has generally governed the employment of chief restructuring officers (CRO) in bankruptcy cases since that time.

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