Tuesday, July 27, 2010 11:59:40 PM
The only thing I might disagree with is your second statement because the appointment of an examiner traditionally falls within the exclusive authority of the office of the U.S. Trustee - and the court not only allowed the U.S. Trustee to exercise that authority, but also gave it broad scope of power with which the examiner can use to investigate a wide range of claims. Accordingly, if there was a concerted effort led by Rosen to discredit the appointment of Mr. Hochberg, it would most likely be in the form of a letter delivered to Judge Walrath - not filed on PACER. I work in litigation and I see parties challenge applications and requests all the time - and unless the letter stating the grounds for the challenge is "so ordered" or "memo endorsed" by the judge and filed on the docket, the general public will never know of its existence.
MAKINGMOVES
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