11 U.S.C. § 1103 — Powers and duties of committees
submitted 48 years ago by Pub. L. 95-598 to r/title-11-BANKRUPTCY · 294 words · no verdicts yet
This section states the rules about powers and duties of committees. It includes the requirements, powers, procedures, definitions, limits, and exceptions stated in the section.
At a scheduled meeting of a committee appointed under section 1102 of this title, at which a majority of the members of such committee are present, and with the court’s approval, such committee may select and authorize the employment by such committee of one or more attorneys, accountants, or other agents, to represent or perform services for such committee.
An attorney* or accountant* employed to represent a committee appointed under section 1102 of this title may not, while employed by such committee, represent any other entity* having an adverse interest in connection with the case. Representation of one or more creditors of the same class as represented by the committee shall not per se constitute the representation of an adverse interest.
A committee appointed under section 1102 of this title may—
consult with the trustee or debtor* in possession concerning the administration of the case;
investigate the acts, conduct, assets, liabilities, and financial condition of the debtor, the operation of the debtor’s business and the desirability of the continuance of such business, and any other matter relevant to the case or to the formulation of a plan;
participate in the formulation of a plan, advise those represented by such committee of such committee’s determinations as to any plan formulated, and collect and file with the court acceptances or rejections of a plan;
request the appointment of a trustee or examiner under section 1104 of this title; and
perform such other services as are in the interest of those represented.
As soon as practicable after the appointment of a committee under section 1102 of this title, the trustee shall meet with such committee to transact such business as may be necessary and proper.
Source credit: (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2627; Pub. L. 98–353, title III, §§ 324, 500, July 10, 1984, 98 Stat. 358, 384.)
- 1978Enacted · Pub. L. 95-598 · 92 Stat. 2627
- 1984Amended · Pub. L. 98-353 · 98 Stat. 358, 384
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-598 on 1978-11-06.
all 0 arguments · sorted by: best
no arguments yet — make the first case