The liabilities of creditors' committees and their members

Article Abstract:

Section 1103(c) of the Bankruptcy Code allowing for the creation of creditors' committees in bankruptcy reorganizations does not identify obligations placed on such committees, but Pan Am Corp. v. Delta Air Lines does suggest to scope of committee liability. Creditors' committees are organized to represent the interests of unsecured creditors. The US District Court for the Southern District of New York found in the Pan Am case that committee are generally not liable for negligent acts but are not immune to suit for willful or grossly negligent acts.

United States, Debtor and creditor, Fiduciary duties

---

The landlord's dilemma: to be or not to be an administrative expense claim under 11 USC 365(d)(3)

Article Abstract:

Landlords of nonresidential property may claim administrative expenses for bankrupt tenants under section 365(d)(3) of the Bankruptcy Code. All courts will allow this until rejection of the lease if the tenant is actually using the property and benefitting the estate. However, the courts split on allowing claims if the property is not used. Some courts do not allow claims unless section 503(b)(1)(A) of the Bankruptcy Code is strictly met.

Landlord and tenant, Landlord-tenant relations

---

Did Congress always say what it meant in the Bankruptcy Reform Act of 1994?

Article Abstract:

The 1994 Bankruptcy Reform Act contains anomalies which should be corrected so as to properly reflect congressional intent. These sections concern curing defaults, the amount of time creditors have to reclaim goods, chapter 11 trustee selection, and the Act's effective date. The amendment repealing the Deprizio decision on noninsider credits is correctly worded.

Business Failures, Legislative histories

Similar abstracts:

• Abstracts: The liability of raw material manufacturers: it's time to restate the Restatement
• Abstracts: Global shares of German corporations and their dual listings on the Frankfurt and New York stock exchanges. Tracking stocks in Germany: is German corporate law flexible enough to adopt American financial innovations?
• Abstracts: The small public company after the Penny Stock Reform Act of 1990. On the same side of the table: is Investment Company Act rule 17d-1 partly invalid?
• Abstracts: The small public company after the Penny Stock Reform Act of 1990. part 2 SEC Section 16 regulations and compliance by qualified employee benefit plans
• Abstracts: The employment regulation of Americans abroad and in foreign owned businesses in the U.S. part 2 Federal and New Jersey state fair employment laws

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.