Bankruptcy judge John Dorsey declined to rule definitely on whether to appoint an independent examiner into the FTX bankruptcy case, with the U.S. government arguing that statute forced him to demand such, and FTX saying that a probe would represent a costly duplication.

After expressing concerns that the examiner’s work could be expensive and delay approval of a Chapter 11 plan, Dorsey said he hoped the issue could be resolved consensually ahead of a further hearing on Wednesday.

Juliet Sarkessian, representing the U.S. Trustee, a branch of the Department of Justice (DOJ) concerned with bankruptcy matters, had sought to argue that the decision was effectively out of the judge’s hands in such a major case.