Hotline Update – December 5, 2011
The U.S. Trustee just announced members of Committee of Unsecured Creditors today – APFA is on along with APA and TWU and six others including the PBGC, Boeing, Hewlett-Packard, and banks representing bondholders.
Uscourts.gov states that the “creditors” committees can play a major role in chapter 11 cases. The committee ordinarily consists of unsecured creditors who hold the seven largest unsecured claims against the debtor. 11 U.S.C. ß 1102. Among other things, the committee: consults with the debtor in possession on administration of the case; investigates the debtor’s conduct and operation of the business; and participates in formulating a plan. 11 U.S.C. ß 1103. A creditors’ committee may, with the court’s approval, hire an attorney or other professionals to assist in the performance of the committee’s duties. A creditors’ committee can be an important safeguard to the proper management of the business by the debtor in possession.”
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