Is the Rule Preventing Bankruptcy Judges from Appointing Special Masters Outdated?

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 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 It is outdated and should be repealed or amended to accord with the reality of today's complex Chapter 11 cases.

9 minute read July 01, 2024 at 12:05 AM
By
Mark B. Conlan and Noel L. Hillman
Is the Rule Preventing Bankruptcy Judges from Appointing Special Masters Outdated?

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.

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