Skip to main content

§ 1102(a)(2)

Vital Pharms., Inc., In re

Ruling
Appointment of a second unsecured creditors committee denied. (Bankr. S.D. Fla.)
Issue(s)
Creditors' and Equity Security Holders' Committees; Appointment; Additional

ABI Membership is required to access the full summary of Vital Pharms., Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on December 27, 2022 , LexisNexis #0223-091

Celsius Network LLC, In re

Ruling
Appointment of an Official Preferred Equity Committee was inappropriate as the equityholders were adequately represented by already existing stakeholders and did not needadditional representation. (Bankr. S.D.N.Y.)
Issue(s)
Creditors' and Equity Security Holders' Committees; Appointment; Additional

ABI Membership is required to access the full summary of Celsius Network LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on October 24, 2022 , LexisNexis #1222-090

U.S. Tobacco Coop., Inc., In re

Ruling
Appointment of official special committee for certified class action plaintiffs was deniedsince the class was adequately represented. (Bankr. E.D.N.C.)
Issue(s)
Creditors' and Equity Security Holders' Committees; Appointment; Additional

ABI Membership is required to access the full summary of U.S. Tobacco Coop., Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on August 20, 2021 , LexisNexis #1021-013

Roman Catholic Church of the Archdiocese of New Orleans, In re

Ruling
Bankruptcy court exercised discretion to create a second committee of unsecured creditorsconsisting of commercial creditors rather than abuse survivor. (Bankr. E.D. La.)
Issue(s)
Creditors' and Equity Security Holders' Committees; Appointment; Additional

ABI Membership is required to access the full summary of Roman Catholic Church of the Archdiocese of New Orleans, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on February 08, 2021 , LexisNexis #0321-068

In re Sunedison, Inc.

Ruling
Motion to appoint equity committee denied with prejudice. (Bankr. S.D.N.Y.)
Issue(s)
Was creation of a committee of equity security holders necessary?

ABI Membership is required to access the full summary of In re Sunedison, Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on August 11, 2016 , LexisNexis #0916-029

In re Budd Co.

Ruling
Motion for appointment of separate asbestos committee granted.
Issue(s)
Should separate asbestos committee be appointed in case of manufacturer?

ABI Membership is required to access the full summary of In re Budd Co. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on July 07, 2014 , LexisNexis #0814-028

In re Residential Capital LLC

Ruling
Appointment of Official Committee of Borrowers, whose loans were serviced by debtor, denied.
Procedural posture

Debtors, an LLC that serviced residential mortgages and affiliated businesses, declared chapter 11 bankruptcy, and the court appointed an Official Committee of Unsecured Creditors to protect creditors' interests. Homeowners who executed mortgages that were serviced by the debtors asked the court to appoint an Official Committee of Borrowers to protect their interests. The debtors and the Creditors' Committee opposed the homeowners' motion.

ABI Membership is required to access the full summary of In re Residential Capital LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on October 23, 2012 , LexisNexis #1112-060

In re Ampex Corp.

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.

ABI Membership is required to access the full summary of In re Ampex Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on May 14, 2008 , LexisNexis #0608-121

In re Oneida Ltd.

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).

ABI Membership is required to access the full summary of In re Oneida Ltd. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on May 04, 2006 , LexisNexis #0606-061