Examining the Examiner: Waiver of the Attorney-Client Privilege and the Outer Limits of an Examiner\u27s Powers in Bankruptcy

This article discusses the traditional role of an examiner in bankruptcy proceedings, as well as the fact that the role of an examiner is often expanded in complex Chapter 11 cases to include duties and powers normally reposed in bankruptcy trustees. The article examines the interesting question of whether an examiner may be cloaked with the powers of a bankruptcy trustee, and discusses this question in the context of addressing the issue of whether an examiner in bankruptcy has the power to waive a debtor\u27s attorney-client privilege