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Thursday, 03/18/2010 9:26:57 PM

Thursday, March 18, 2010 9:26:57 PM

Post# of 730586
This PDF link I've included below is very interesting. I've been under the impression that the EC had an absolute right to intervene, but that may not be the case. So the approval of our EC to intervene is indeed good news.

http://www.law.emory.edu/fileadmin/journals/bdj/23/23.2/Sherrill.pdf

TO KNOCK FIRST OR BARGE RIGHT IN: IS A CHAPTER 11
COMMITTEE’S RIGHT TO INTERVENE IN ADVERSARY
PROCEEDINGS ABSOLUTE OR PERMISSIVE?
Mark D. Sherrill*
INTRODUCTION
The United States Bankruptcy Code1 grants broad rights and powers to an
official committee of unsecured creditors in a chapter 11 bankruptcy case.2
Among the statutory entitlements of a creditors’ committee is the right,
pursuant to 11 U.S.C. § 1109, to “raise and . . . appear and be heard on any
issue in a case under . . . chapter [11].”3 For over two decades, however,
courts have grappled with the question of whether the creditors’ committee’s
right to be heard in a chapter 11 case extends to adversary proceedings initiated
in chapter 11 cases. On that issue, the circuits presently are split.4

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