Creditors' Committees as Estate Representatives in Bankruptcy Litigation

Abstract

This article defends the longstanding practice of the bankruptcy courts authorizing Creditors' Committees to prosecute specified causes of action on behalf of Chapter 11 bankruptcy estates in particular circumstances against theoretical criticisms of that practice that have emerged in the wake of the decisions in Hartford Underwriters Ins. Co. v. Union Planters Bank, 530 U.S. 1 (2000) and Official Committee of Unsecured Creditors of Cybergenics Corp. v. Chinery, 330 F.3d 548 (3d Cir. en banc 2003).

Keywords: Chapter 11 bankruptcy estates, Creditors Committees, Cybergenics Corp. v. Chinery