§1102. Creditors’ and equity security holders’ committees — Inbound Citations
11 U.S.C. § 1102
Cited by 34 provisions in release 119-102.
Citations to 11 U.S.C. § 1102 as a whole
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(41) The term “person” includes individual, partnership, and corporation, but does not include governmental unit, except that a governmental unit that—(A) acquires an asset from a person—(i) as a result of the operation of a loan guarantee agreement; or(ii) as receiver or liquidating agent of a person;(B) is a guarantor of a pension benefit payable by or on behalf of the debtor or an affiliate of the debtor; or(C) is the legal or beneficial owner of an asset of—(i) an employee pension benefit plan that is a governmental plan, as defined in section 414(d) of the Internal Revenue Code of 1986; or(ii) an eligible deferred compensation plan, as defined in section 457(b) of the Internal Revenue Code of 1986;shall be considered, for purposes of section 1102 of this title, to be a person with respect to such asset or such benefit.
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(a) The trustee, or a committee appointed under section 1102 of this title, with the court’s approval, may employ or authorize the employment of a professional person under section 327 or 1103 of this title, as the case may be, on any reasonable terms and conditions of employment, including on a retainer, on an hourly basis, on a fixed or percentage fee basis, or on a contingent fee basis. Notwithstanding such terms and conditions, the court may allow compensation different from the compensation provided under such terms and conditions after the conclusion of such employment, if such terms and conditions prove to have been improvident in light of developments not capable of being anticipated at the time of the fixing of such terms and conditions.
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(D) a creditor, an indenture trustee, an equity security holder, or a committee representing creditors or equity security holders other than a committee appointed under section 1102 of this title, in making a substantial contribution in a case under chapter 9 or 11 of this title;
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(F) a member of a committee appointed under section 1102 of this title, if such expenses are incurred in the performance of the duties of such committee;
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(a) At a scheduled meeting of a committee appointed under section 1102 of this title, at which a majority of the members of such committee are present, and with the court’s approval, such committee may select and authorize the employment by such committee of one or more attorneys, accountants, or other agents, to represent or perform services for such committee.
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(b) An attorney or accountant employed to represent a committee appointed under section 1102 of this title may not, while employed by such committee, represent any other entity having an adverse interest in connection with the case. Representation of one or more creditors of the same class as represented by the committee shall not per se constitute the representation of an adverse interest.
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(c) A committee appointed under section 1102 of this title may—(1) consult with the trustee or debtor in possession concerning the administration of the case;(2) investigate the acts, conduct, assets, liabilities, and financial condition of the debtor, the operation of the debtor’s business and the desirability of the continuance of such business, and any other matter relevant to the case or to the formulation of a plan;(3) participate in the formulation of a plan, advise those represented by such committee of such committee’s determinations as to any plan formulated, and collect and file with the court acceptances or rejections of a plan;(4) request the appointment of a trustee or examiner under section 1104 of this title; and(5) perform such other services as are in the interest of those represented.
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(d) As soon as practicable after the appointment of a committee under section 1102 of this title, the trustee shall meet with such committee to transact such business as may be necessary and proper.
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(2) Committees of retired employees appointed by the court pursuant to this section shall have the same rights, powers, and duties as committees appointed under sections 1102 and 1103 of this title for the purpose of carrying out the purposes of sections 1114 and 1129(a)(13) and, as permitted by the court, shall have the power to enforce the rights of persons under this title as they relate to retiree benefits.
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(5) Extending the Time to File. On motion and for cause, the court may extend the time to file any list required by this Rule 1007(a). Notice of the motion must be given to:• the United States trustee;• any trustee;• any other party as the court orders.
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(7) Extending the Time to File. Except as § 1116(3) provides otherwise, the court, on motion and for cause, may extend the time to file a document under this rule. The movant must give notice of the motion to:• the United States trustee;• any trustee, examiner, and other party as the court orders.If the motion is granted, notice must be given to the United States trustee and to any committee, trustee, and other party as the court orders.
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(b) The United States trustee or a party in interest may move the court to determine whether the debtor is a health care business. Proceedings on the motion are governed by Rule 9014. If the motion is filed by a party in interest, a copy must be sent to the United States trustee. The motion must be served on:• the debtor;• the trustee;• in a Chapter 9 or Chapter 11 case in which an unsecured creditors’ committee has not been appointed under § 1102, the creditors on the list filed under Rule 1007(d); and• any other entity as the court orders.
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(2) Notice and Manner of Conducting the Election. A trustee’s election under § 1104(b) must be conducted as Rules 2003(b)(3) and 2006 provide, and notice of the meeting of creditors must be given as Rule 2002 provides. The United States trustee must preside at the meeting. A proxy to vote in the election may be solicited only by a creditors’ committee appointed under § 1102 or by another party entitled to solicit a proxy under Rule 2006.
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(e) Rule 9014 governs any motion under this Rule 2007.2. The motion must be sent to the United States trustee and served on:• the debtor;• the trustee;• any other entity as the court orders.In a Chapter 9 or 11 case, if no committee of unsecured creditors has been appointed under § 1102, the motion must also be served on the creditors included on the list filed under Rule 1007(d).
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(1) Recipients of the Notice. The notice must be sent to the United States trustee, posted conspicuously at the health-care facility that is the report’s subject, and served on:• the debtor;• the trustee;• all patients;• in a Chapter 9 or 11 case, the creditors on the list filed under Rule 1007(d) if no committee of unsecured creditors has been appointed under § 1102; and• any other entity as the court orders.
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(b) The first report must be filed at least 7 days before the first date set for the meeting of creditors under § 341. Later reports must be filed at least every 6 months, until the date a plan becomes effective or the case is converted or dismissed. A copy of each report must be served on:• the United States trustee;• any committee appointed under § 1102; and• any other party in interest that has filed a request for it.
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(C) for each member of a group or committee claiming to represent any entity in addition to its own members (except a committee appointed under § 1102 or § 1114), the quarter and year in which each disclosable economic interest was acquired—unless it was acquired more than 1 year before the petition was filed;
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(3) if not disclosed under (1) or (2), for each creditor or equity security holder represented by an entity, group, or committee (except a committee appointed under § 1102 or § 1114):(A) name and address; and(B) the nature and amount of each disclosable economic interest held in relation to the debtor on the statement’s date; and
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(A) the following, as applicable:• the committee’s authorized agent; or• the creditors included on the list filed under Rule 1007(d) if the case is a Chapter 9 or Chapter 11 case and no committee of unsecured creditors has been appointed under § 1102; and
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(1) Request for a Consumer-Privacy Ombudsman. A motion for authority to sell or lease personally identifiable information under § 363(b)(1)(B) must include a request for an order directing the United States trustee to appoint a consumer-privacy ombudsman under § 332. Rule 9014 governs the motion. It must be sent to the United States trustee and served on:• in a Chapter 11 case in which no committee of unsecured creditors has been appointed under § 1102, on the creditors included on the list filed under Rule 1007(d); and• other entities as the court orders.
Citations to §1102(a)
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(b) Unless the court for cause orders otherwise, in sections 701(a), 727(a)(10), 727(b), 1102(a), 1110(a)(1), 1121(b), 1121(c), 1141(d)(4), 1201(a), 1221, 1228(a), 1301(a), and 1305(a) of this title, “the order for relief under this chapter” in a chapter to which a case has been converted under section 706, 1112, 1208, or 1307 of this title means the conversion of such case to such chapter.
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(a) 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.
Citations to §1102(a)(1)
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Sections 341, 343, 1102(a)(1), 1104, 1105, 1107, 1129(a)(7), and 1129(c) of this title do not apply in a case concerning a railroad.
Citations to §1102(a)(2)
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(A) shall exclude any Issuer or Authorized Instrumentality of the Territory Government Issuer (as defined under subchapter VI of this chapter) or a corporation, trust or other legal entity that is controlled by the Issuer or an Authorized Territorial Instrumentality of the Territory Government Issuer, provided that the beneficiaries of such claims, to the extent they are not referenced in this subparagraph, shall not be excluded, and that, for each excluded trust or other legal entity, the court shall, upon the request of any participant or beneficiary of such trust or entity, at any time after the commencement of the case, order the appointment of a separate committee of creditors pursuant to section 1102(a)(2) of title 11; and
Citations to §1102(a)(3)
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(c) An objection or request under this rule is governed by Rule 9014 and must be served on:• the debtor;• the debtor’s attorney;• the United States trustee;• the trustee;• the creditors included on the list filed under Rule 1007(d)—or if a committee has been appointed under § 1102(a)(3), the committee or its authorized agent; and• any other entity as the court orders.
Citations to §1102(a)(4)
Citations to §1102(b)
Citations to §1102(b)(1)
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(a) 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.
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(c) If, after a hearing on notice under (a), the court finds that a committee appointment fails to satisfy the requirements of § 1102(b)(1), it:(1) must order the United States trustee to vacate the appointment; and(2) may order other appropriate action.