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United States: Ad Hoc Committee Disclosure Requirements—A Bitter Pill to Swallow for Distressed Investors
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19 June 2007
Article by Paul D. Leake and Mark Douglas

An essential part of the chapter 11 process is constructive dialogue and negotiation among all stakeholders involved in the bankruptcy case, with a view toward building a consensus on the terms of a confirmable chapter 11 plan. The Bankruptcy Code establishes a framework to promote such interaction by providing for the appointment of official committees of creditors and shareholders entrusted by statute with the duty to participate in the formulation of a chapter 11 plan.

Collective stakeholder participation in a chapter 11 case, however, extends beyond membership on committees officially sanctioned by the Bankruptcy Code. Unofficial, or "ad hoc" committees, have also long played prominent roles in bankruptcy cases....
 

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