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§ 1102(a)

In re Residential Capital LLC

Oct
23
2012
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.

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Commercial opinion summary, case decided on October 23, 2012 , LexisNexis #1112-060
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In re Shorebank Corp.

Mar
12
2012
Ruling
Emergency motion to reconstitute official committee of unsecured creditors denied.
Procedural posture

Movants, who were three interested creditors, a personal injury claimant and two former directors of the debtor, filed an emergency motion for a court order directing the United States Trustee to reconstitute the unsecured creditors committee formed for the debtor, or alternatively for other relief.

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Commercial opinion summary, case decided on March 12, 2012 , LexisNexis #0512-094
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In re Pilgrims Pride Corp.

Apr
30
2009
Ruling
Motion for appointment of official committee of equity security holders granted.
Procedural posture

Debtors, entities that were in the business of producing chicken products, filed petitions under chapter 11, and their cases were consolidated for joint administration. An ad hoc shareholders group (AHSG) filed a motion seeking an order directing the appointment of an official committee of equity security holders, pursuant to 11 U.S.C.S. § 1102(a). An official committee of unsecured creditors and a bank opposed the motion.

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Commercial opinion summary, case decided on April 30, 2009 , LexisNexis #0609-125
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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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