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rramirez82

08/13/10 11:57 AM

#229542 RE: LexTrader #229535

If they are denied a protective order and still proceed to withhold documents from the examiner, they can and will be held in contempt of court and subject to sanctions. Remember, the examiner has the ability to issue subpoenas and compel discovery with the full force and order of the court. Noncompliance with the examiner is essentially the same as noncompliance with a direct court order.

The trustee is not automatically assigned, but I imagine the examiner will recommend that the court appoint one - and if Weil is found to have breached any of its fiduciary duties to the estate, then I suspect Walrath would most definitely appoint one.