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In re Spansion Inc.

In re Spansion Inc.

Ruling
Bankruptcy court declined to appoint official committee of equity security holders absent showing that members would receive meaningful distribution.
Procedural posture

Debtors filed separate petitions under chapter 11 of the Bankruptcy Code, and their cases were consolidated for joint administration. An Ad Hoc Committee of Equity Security Holders filed a motion seeking appointment of an Official Committee of Equity Security Holders pursuant to 11 U.S.C.S. § 1102. The motion was opposed by the debtors, an Official Committee of Unsecured Creditors, other creditors, and the U.S. Trustee.

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Commercial opinion summary, case decided on December 18, 2009 , LexisNexis #0110-060