Also contributed by Sylvia Mayer and Aliza Reicher
After the bankruptcy examiner’s investigation and report have been completed (and paid for), the question arises: Now what? Frequently, parties in litigation seek to admit all or part of the report, which represents the analysis and views of the examiner, into evidence. Consequently, to the extent offered to prove the truth of the matter asserted, the examiner report, by its very nature, may be hearsay. Both bankruptcy courts and non-bankruptcy courts have grappled with the issue of the admissibility of examiner’s reports. The result of these rulings is a mixed bag—there is no clear answer to this question. One thing is clear, however—the admissibility of an examiner’s report depends on the facts, circumstances, and equities of each situation.
Click here to read the complete article published by the American Bar Association (Spring/Summer 2011, Expert Witnesses, Vol. 7, No. 1).