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§ 1102

In re Source Enters.

Aug
12
2008
Ruling
Appeal of plan confirmation denied as moot due to substantial consummation.
Procedural posture

Appellant, a law firm that had represented affiliated debtors as bankruptcy counsel challenged an order of the U.S. Bankruptcy Court for the Southern District of New York confirming its plan of reorganization. At issue was whether appellant's challenge to confirmation was foreclosed because the plan had been"substantially consummated" within the meaning of 11 U.S.C.S. § 1101(2) and whether other provisions were violated.

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Commercial opinion summary, case decided on August 12, 2008 , LexisNexis #0908-010
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In re Ampex Corp.

May
14
2008
Ruling
Appointment of official committee of equity security holders denied where significant distribution was unlikely.
Procedural posture

Movant shareholder filed a motion for an order directing the appointment of an official committee of equity security holders under 11 U.S.C.S. § 1102(a)(2). Respondents, the debtors, the United States Trustee, and a creditor opposed the motion.

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Commercial opinion summary, case decided on May 14, 2008 , LexisNexis #0608-121
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In re Oneida Ltd.

May
04
2006
Ruling
Court appointed official equity committee since the equity security holders met their burden of showing such a committee was necessary to avoid appearances of impropriety in debtor restructuring.
Procedural posture

An ad hoc committee of equity security holders that had participated in these administratively consolidated cases since inception applied to the trustee for the appointment of a committee of equity security holders pursuant to 11 U.S.C. § 1102(a)(1). The trustee denied the request for appointment of a committee. The ad hoc committee moved for the appointment of a committee under 11 U.S.C. § 1102(a)(2).

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opinion summary, case decided on May 04, 2006 , LexisNexis #0606-061
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In re Dana Corp.

Apr
19
2006
Ruling
Motion for appointment of a separate official committee of asbestos claimants was denied since the inclusion of one asbestos claimant on the already appointed official committee adequately protected the asbestos claimants.
Procedural posture

Movants, an ad hoc committee of asbestos personal injury claimants, sought an order directing the trustee to appoint an official committee of asbestos personal injury claimants, pursuant to 11 U.S.C. § 1102. The debtors and 41 of its affiliates objected to the proposed appointment.

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opinion summary, case decided on April 19, 2006 , LexisNexis #0506-113
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In re Refco Inc.

Jan
20
2006
Ruling
Official committee of unsecured creditors had duty to keep unsecured creditors informed but did not have to disclose information that was confidential or required waiving of attorney-client privilege.
Procedural posture

After several related entities filed voluntary chapter 11 petitions, movant official committee of unsecured creditors moved to clarify its obligation under 11 U.S.C. § 1102(b)(3)(A) to provide unsecured creditors who were not members of the committee with access to information.

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opinion summary, case decided on January 20, 2006 , LexisNexis #0506-003
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