The Department of Justice has to respond to the requests and not throw them to the side whether an equity committee is needed or not. If they didn't it would not be democratic, but communist. So at this point it is too early read the agreement for common shares.
The BK court will decide by applying the law. Chemtura will take a stance for or against. Getting an equity committee would be huge for equity holders. Considering asset values being greater than liabilities, an equity committee may have favor of the bk laws to allow formation. Just my opinion.