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Creditors' Committees in Bankruptcy
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Definition of Creditors' Committee
A creditors' committee is a group of people representing a company's creditors in a bankruptcy proceeding.
Composition of Creditors' Committee
A creditors' committee is typically composed of unsecured creditors holding the largest claims.
Primary Roles of Creditors' Committee
Primary roles include consulting with the debtor in possession, investigating the debtor's conduct, and participating in formulating a reorganization plan.
Rights to Access Information
Creditors' committees have the right to access relevant information to perform their duties, including financial data and business operations details.
Committee's Advisory Role
Creditors' committees often provide advice to the debtor on business matters, potentially influencing management decisions during the reorganization process.
Influence on Reorganization Plan
Creditors' committees can significantly influence the debtor's reorganization plan and its terms as they represent a collective voice of creditors.
Monitoring the Debtor
Creditors' committees play a crucial role in monitoring the debtor's business operations and financial transactions during the bankruptcy process.
Engaging with Stakeholders
Creditors' committees interact with other stakeholders, like equity holders or secured creditors, to build consensus or negotiate the reorganization plan.
Court Hearings and Presentations
Creditors' committees participate in court hearings and present their positions on various aspects of the bankruptcy case.
Negotiating Power
Creditors' committees hold negotiating power in bankruptcy cases, often leading to better outcomes for unsecured creditors in the bankruptcy settlement.
Approval of Post-Petition Financing
Creditors' committees can evaluate and approve, or object to, any post-petition financing (DIP financing) the debtor seeks to obtain.
Fiduciary Responsibility
Creditors' committees have a fiduciary responsibility to represent the interest of all unsecured creditors, not just the committee members.
Influence on Executory Contracts
Creditors' committees have a say in the assumption or rejection of the debtor's executory contracts, affecting the reorganization process.
Role in Asset Sales
Creditors' committees can influence and oversee the sale of assets in a bankruptcy case to maximize returns to unsecured creditors.
Hiring Professionals
Creditors' committees have the right to hire professionals, such as attorneys and accountants, to assist in their duties at the debtor's expense.
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