United States: Lieberman And Alifarag Write About Unsecured Creditors' Committees – Pryor Cashman LLP

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Pryor Cashman Partner Seth Lieberman, chair of the Bankruptcy,
Reorganization + Creditors’ Rights Group and co-chair of the
Corporate Trust Practice, and Associate Sameer Alifarag, a member
of the Bankruptcy, Reorganization and Creditors’ Rights Group
and Corporate Trust Practice, co-authored an article for the
ABI Journal, published by the American Bankruptcy

In “Hands Off My Creditors’ Committee! Examining the
Trend of Reconstituting and Disbanding UCCs,” which appears in
the August 2023 issue, Seth and Sameer analyze bankruptcy
courts’ authority over unsecured creditor committees, which the
Office of the United States Trustee (UST) appoints in Chapter 11

The article highlights cases that demonstrate a growing trend
away from the UST’s exclusive authority concerning the
appointment and composition of such committees, and “focuses
on those cases and the importance of those decisions for future
chapter 11 bankruptcies.”

Following a wide-ranging review of how unsecured creditor
committees work in the current bankruptcy system, they note that,
at a minimum, the standards by which courts should intervene in
committee affairs should require some heightened standard of

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