Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
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Forensic audit reports commissioned by suspended management lack admissibility where they are unsigned, uncertified, draft-form, bear disclaimers, or are produced by an interested party; such reports raise conflict-of-interest and confidentiality concerns and may be excluded from record. There is no entitlement under the insolvency code for suspended management to unilaterally commission and seek formal judicial acceptance of a forensic/transaction audit where CIRP initiation fraud is not alleged; applications presented on that basis are not maintainable. A resolution professional must form and record his opinion before filing avoidance applications, and where such opinion is recorded and objections can be filed, challenges fail.
Forensic audit reports commissioned by suspended management lack admissibility where they are unsigned, uncertified, draft-form, bear disclaimers, or are produced by an interested party; such reports raise conflict-of-interest and confidentiality concerns and may be excluded from record. There is no entitlement under the insolvency code for suspended management to unilaterally commission and seek formal judicial acceptance of a forensic/transaction audit where CIRP initiation fraud is not alleged; applications presented on that basis are not maintainable. A resolution professional must form and record his opinion before filing avoidance applications, and where such opinion is recorded and objections can be filed, challenges fail.
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