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Table of Contents
Jurisdiction | United States |
Table of Contents
Introduction..............................................................1
Role of the Committee Generally...............................5
A. Advocating for Unsecured Creditors as a Fiduciary.............................6
B. Communication with Unsecured Creditors...........................................8
1. Duty to Share Information under § 1102(b)(3) of the Bankruptcy Code......................................8
2. Section 1102(b)(3) Orders.........................................................9
3. The Refco Model § 1102(b)(3) Protocol...................................9
C. Monitoring the Case................................................................................ 14
D. Investigation and Case Participation .................................................... 15
1. Review of Indebtedness and Liens.........................................15
2. Potential Actions Against Insiders ......................................... 16
3. Possible Consolidation of Multiple Debtors.........................17
4. Plan Negotiation .......................................................................18
5. Appointment of a Trustee or Examiner.................................20
6. Conversion or Dismissal of a Case.........................................22
Appointment of the Committee and Retention/Compensation of Professionals ................25
A. Formation of the Committee ................................................................. 26
1. Organizational Meeting ........................................................... 26
2. Proxies........................................................................................ 27
3. U.S. Trustee's Appointment ..................................................... 29
4. Selection of the Chair............................................................... 30
B. Governance ............................................................................................... 31
1. Bylaws......................................................................................... 32
2. Prerequisites for Meetings and Votes.....................................32
3. Confidentiality..........................................................................34
4. Meeting Agendas and Minutes ............................................... 34
C. Recusal ...................................................................................................... 35
D. Employment of...
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Request your trial- American Bankruptcy Institute
- Representing the Creditors' Committee: A Guide for Practitioners
- Front Matter
- About the Authors and Editor
- Acknowledgments
- Table of Contents
- Introduction
- Chapter I Role of the Committee Generally
- Chapter II Appointment of the Committee and Retention/Compensation of Professionals
- Chapter Ill Investigation
- Chapter IV Negotiation of Financing with Lenders
- Chapter V General Case Administration
- Chapter VI Role of the Committee in 363 Sale Cases
- Chapter VII Plan Negotiations
- Chapter VIII Post-Confirmation Issues
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