Fed. R. Bankr. P. 2007 — Reviewing the Appointment of a Creditors’ Committee Organized Before a Chapter 9 or 11 Case Is Commenced

Federal Rules of Bankruptcy Procedure

Rule 2007 — Reviewing the Appointment of a Creditors’ Committee Organized Before a Chapter 9 or 11 Case Is Commenced

Fed. R. Bankr. P. 2007

SourceFederal Rules of Bankruptcy Procedure

Rule2007

PART X[ABROGATED]

CitationFed. R. Bankr. P. 2007

Fed. R. Bankr. P. 2007 (Reviewing the Appointment of a Creditors’ Committee Organized Before a Chapter 9 or 11 Case Is Commenced) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Bluebook

Fed. R. Bankr. P. 2007.

Text

(a)MOTION TO REVIEW THE APPOINTMENT. If, in a Chapter 9 or 11 case, a committee appointed by the United States trustee under §1102(a) consists of the members of a committee organized by creditors before the case commenced, the court may determine whether the committee’s appointment satisfies the requirements of §1102(b)(1). The court may do so on a party in interest’s motion and after a hearing on notice to the United States trustee and other entities as the court orders.

(b)DETERMINING WHETHER THE COMMITTEE WAS FAIRLY CHOSEN. The court may find that the committee was fairly chosen if:

(1)it was selected by a majority in number and amount of claims of unsecured creditors who are entitled to vote under §702(a) and who were present or represented at a meeting where:

(A)all creditors with

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(a) MOTION TO REVIEW THE APPOINTMENT. If, in a Chapter 9 or 11
case, a committee appointed by the United States trustee under
§1102(a) consists of the members of a committee organized by
creditors before the case commenced, the court may determine
whether the committee’s appointment satisfies the requirements
of §1102(b)(1). The court may do so on a party in interest’s motion
and after a hearing on notice to the United States trustee and
other entities as the court orders.
(b) DETERMINING WHETHER THE COMMITTEE WAS FAIRLY CHOSEN.
The court may find that the committee was fairly chosen if:
(1) it was selected by a majority in number and amount of
claims of unsecured creditors who are entitled to vote under
§702(a) and who were present or represented at a meeting
where:
(A) all creditors with unsecured claims of over $1,000—or
the 100 unsecured creditors with the largest claims—had at
least 7 days’ written notice; and
Rule 2007.1 FEDERAL RULES OF BANKRUPTCY PROCEDURE 30
(B) written minutes reporting the voting creditors’
names and the amounts of their claims are available for
inspection;
(2) all proxies voted at the meeting were solicited under Rule
2006;
(3) the lists and statements required by Rule 2006(e) have
been sent to the United States trustee; and
(4) the committee’s organization was in all other respects
fair and proper.
(c) FAILURE TO COMPLY WITH APPOINTMENT REQUIREMENTS. If,
after a hearing on notice under (a), the court finds that a commit-
tee appointment fails to satisfy the requirements of §1102(b)(1), it:
(1) must order the United States trustee to vacate the ap-
pointment; and
(2) may order other appropriate action.

Advisory Committee Notes

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 2, 2024, eff. Dec. 1, 2024.)