News & Analysis as of

Creditor's Committee

Expanding the Unconditional Right to Intervene: A Win for UCC’s

by Robins Kaplan LLP on

Expanding a split among circuit courts, the First Circuit recently set precedent promoting the unconditional right of creditors’ committees to participate in all aspects of bankruptcy cases. Reversing a lower court, in In...more

International Legislative Update - September/October 2017

by Jones Day on

Germany—Major German insolvency law reforms designed to facilitate corporate group insolvencies will become effective on April 21, 2018. When the reforms come into force, they will supplement and complement the Recast...more

Sands Anderson Report on Creditors Committee formation in Toys "R" Us Chapter 11

by Sands Anderson PC on

The US Trustee yesterday appointed the Official Committee of Unsecured Creditors (the “Committee”) for the Toys “R” Us jointly administered Chapter 11 cases. The Committee can be expected to play a significant role in the...more

Secured Lenders Beware: Delaware Bankruptcy Court Holds Fee Cap

by Miller Canfield on

The influential Delaware bankruptcy court issued a recent decision that all secured lenders need to be aware of. In this decision, the bankruptcy court held that the fees of the official creditors’ committee were not limited...more

Creditors Committees’ Members May Not Be Sued Absent Bankruptcy Court’s Permission

by Dechert LLP on

The Barton doctrine (named after the Supreme Court case Barton v. Barbour, 104 US 126 (1881)), generally prohibits suits against receivers and bankruptcy trustees in forums other than the appointing courts, absent appointing...more

Defending A Preference Action – Can You Setoff Post-Petition Amounts Owed by the Debtor Against Your Preference Liability?

by Bryan Cave on

All bankruptcy lawyers (and most long-suffering trade creditors) know that creditors who receive payments from a debtor within the “preference period” – 90 days before a voluntary bankruptcy case was filed, or 1 year if the...more

Committee Formation Meeting for Nuo Therapeutics, Inc.

by Cole Schotz on

Upcoming Committee Formation Meeting: February 5, 2016 - Case Name: Nuo Therapeutics, Inc. - Case Number: 16-10192 (MFW)...more

The Role of the Creditors' Committee

Welcome to the world of bankruptcy. This is a place that no creditor wants to be, yet here you are, having agreed to serve on the Creditors’ Committee (Committee). Of course, creditors want to be paid as much of their claim...more

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