The choice of a chapter 11 operating trustee can provoke a
fight. Follow this guide for a smooth path through the process of
displacing an interim chapter 11 trustee or challenging an
election.
One central feature of the reorganization process under chapter
11 of the Bankruptcy Code is that the debtor's existing
management remains in control. The concept of the
"debtor-in-possession" is a cornerstone for the efficient
and effective use of the bankruptcy process by a distressed
company. That control can be lost, however, and in certain
circumstances a trustee may be appointed to take over the
debtor's operations and to determine the course of the
bankruptcy case. But what happens when there is a dispute over who
that trustee is?
