Official Committee of Equity Security Holders v. Official Committee of Unsecured Creditors

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the bankruptcy court did not abuse its discretion in considering, among other things, the fact that the debt- or’s “equity holders were unlikely to realize any recovery because of the significant sums due to more senior classes”
• reviewing the 23 transfer of claims from a creditors’ committee to a litigation trust for abuse of discretion
• reviewing the transfer of 21 claims from a creditors’ committee to a litigation trust for abuse of discretion
• “The Bankruptcy Code does not expressly authorize committees or individual creditors—in contrast to trustees and debtors-in-possession—to sue on behalf of an estate.”
• “The Bankruptcy Code does not expressly authorize committees or individual creditors—in contrast to trustees and debtors-in-possession—to sue on behalf of an estate.”
• derivative standing inappropriate once creditors’ committee abandoned its “cooperative stance”

Source: CourtListener parenthetical corpus (CC0).