Magten Asset Management Corp. v. Northwestern Corp. (In re Northwest Corp.)
Oct
03
2006
Ruling
Court could not substitute plan committee for the official committee in an adversary proceeding.
Procedural posture
Plaintiffs, asset and trust companies, sued debtor in bankruptcy court. The bankruptcy plan committee claimed that it was entitled to take the place of the official committee under the "transfer of interest" provision of Fed. R. Civ. P. 25(c). The plan committee urged the court to allow the substitution pursuant to its authority under 11 U.S.C. § 105(a). Both the companies and debtor filed objections.
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Court
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