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Unsecured Creditors’ Committee Representation

Last updated on December 6, 2022

The Chapter 11 bankruptcy of a debtor can work to the advantage of general unsecured creditors because the creditors can join together to appoint an attorney to represent them collectively – generally paid for by the debtor, rather than by the creditors directly. Birch Horton Bittner & Cherot’s bankruptcy attorneys have substantial experience in this role of representing creditor committees. The creditor committees’ attorney serves as a check on the power of both secured creditors and the debtors’ management, both of which are often incentivized to favor resolutions providing low value to unsecured creditors. Committees may also investigate questionable transactions in the period leading up to the debtor’s bankruptcy filing that may be subject to being set aside for the benefit of creditors. See Bankruptcy and insolvency-related litigation.