- 11 U.S.C.
Pack Liquidating, LLC, In re
Feb
02
2024
Ruling
Bankruptcy court could authorize a creditors’ committee to bring a breach of fiduciary dutyaction against members and officers of debtor LLC notwithstanding state law to the contrary.(Bankr. D. Del.)
Issue(s)
Powers and Duties of Committees; General Powers; Performance of Other Services.
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Court
:
- 11 U.S.C.
Bear Communs., LLC, In re
Sep
17
2021
Ruling
Committee's application to employ counsel retroactive to date of law firm's retention waswarranted as the standards for employment of professionals were met and extraordinarycircumstances were shown to permit employment as of the date of retention. (Bankr. D. Kan.)
Issue(s)
Powers and Duties of Committees.
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Court
:
- 11 U.S.C.
Care Facility, Inc.)
Nov
06
2020
Ruling
Bankruptcy court abused its discretion in withholding its approval of the law firm forcreditors committee as the court erred by imposing unauthorized "disinterested person"requirement. (B.A.P. 6th Cir.)
Issue(s)
Powers and Duties of Committees.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Roman Catholic Church of the Archdiocese of Santa Fe, In re
Oct
09
2020
Ruling
Unsecured Creditors' Committee had derivative standing to bring fraudulent transfer andturnover claims that the debtor in possession declined to pursue. (Bankr. D.N.M.)
Issue(s)
Powers and Duties of Committees; General Powers; Performance of Other Services.
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:
Judge or Jurisdiction information not available
Glenview Health Care Facility, In re
Dec
17
2019
Ruling
Application to employ counsel was denied as there was a substantial risk that confidentialfactual information was obtained by counsel in its prior representation of an insider of thedebtor. (Bankr. W.D. Ky.)
Issue(s)
Powers and Duties of Committees; Selection and Authorization of Employment of
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Court
:
- 11 U.S.C.
In re Sabine Oil & Gas Corp.
Mar
31
2016
Ruling
Official committee of unsecured creditors denied standing to bring fraudulent transfer or breach of fiduciary duty claims.
Issue(s)
Should official committee of unsecured creditors be granted standing to pursue claims based on fraudulent transfers or breach of fiduciary duty?
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In re Centaur LLC
Nov
05
2010
Ruling
Creditors' committee granted leave to prosecute colorable claims but with limitation on professional fees to be incurred.
Procedural posture
The debtors' official committee of unsecured creditors filed a motion, pursuant to 11 U.S.C.S. §§ 105(a), 1103(c), and 1109(b), for entry of an order granting them leave, standing, and authority to prosecute and, if appropriate, settle claims on behalf of the debtors' estates.
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Court
:
- 11 U.S.C.
Official Comm. of Unsecured Creditors v. Harris (In re Southwest Food Distribs. LLC)
Mar
31
2009
Ruling
Bankruptcy court acted appropriately in denying appointment of counsel to committee of unsecured creditors in addition to regional counsel.
Procedural posture
Appellant committee, which was appointed to represent the interests of a bankruptcy debtor's unsecured creditors per 11 U.S.C.S. § 1102, sought review of the District Court for the Northern District of Oklahoma's denial of its application for retention of counsel under 11 U.S.C.S. § 1103. Appellee secured creditor objected to its proposed retention of national counsel, arguing that the firm's rates were too high compared to regional counsel.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Official Committee of Equity Sec. Holders v. Official Comm. of Unsecured Creditors (In re Adelphia Communs. Corp.)
Sep
24
2008
Ruling
Bankruptcy court properly withdrew equity security holders committee's derivative standing and approved plan.
Procedural posture
Appellant, a committee of equity security holders, appealed from an order of the United States District Court for the Southern District of New York, which dismissed the equity committee's appeal from the confirmation order of the United States Bankruptcy Court for the Southern District of New York, approving a chapter 11 bankruptcy plan.
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In re 3dfx Interactive Inc.
Jun
01
2007
Ruling
Firm that represented chair of creditors' committee in fraudulent conveyance proceeding disqualified from acting as counsel to the committee.
Procedural posture
Movants, the chapter 11 debtor's official committee of equity security holders and the United States Trustee, filed motions, pursuant to 11 U.S.C. § 1103(b) and Cal. R. Prof. Conduct 3-310, to disqualify a law firm as special counsel to the debtors'official committee of unsecured creditors (creditors'committee).
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Court
: