Mike Sutherland, Senior Counsel at Carrington Coleman, recently spoke to Law360 about the 23andMe Chapter 11 case.

If 23andMe gets to select a consumer data representative, it would not be the first time debtors have looked outside the code to quell concerns and head off the appointment of a professional who might slow down momentum in a case, according to bankruptcy attorney J. Michael Sutherland.

Chief restructuring officers, who often take the reins of a company going through bankruptcy, emerged as a way of defusing management concerns that might otherwise end in the appointment of a Chapter 11 trustee, wresting control of a case away from the debtor, Sutherland noted.

“[CROs] eased tensions in cases. But it wasn’t because it was in the statute. It was because it made people more comfortable and placated their desire to have a trustee,” Sutherland said.

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