United States Code
USC most recently checked for updates: Jun 09, 2025
Rule 2007.
Reviewing the Appointment of a Creditors’ Committee Organized Before a Chapter 9 or 11 Case Is Commenced
(a)
If, in a Chapter 9 or 11 case, a committee appointed by the United States trustee under § 1102(a) consists of the members of a committee organized by creditors before the case commenced, the court may determine whether the committee’s appointment satisfies the requirements of § 1102(b)(1). The court may do so on a party in interest’s motion and after a hearing on notice to the United States trustee and other entities as the court orders.
(b)
The court may find that the committee was fairly chosen if:
(1)
it was selected by a majority in number and amount of claims of unsecured creditors who are entitled to vote under § 702(a) and who were present or represented at a meeting where:
(A)
all creditors with unsecured claims of over $1,000—or the 100 unsecured creditors with the largest claims—had at least 7 days’ written notice; and
(B)
written minutes reporting the voting creditors’ names and the amounts of their claims are available for inspection;
(2)
all proxies voted at the meeting were solicited under Rule 2006;
(3)
the lists and statements required by Rule 2006(e) have been sent to the United States trustee; and
(4)
the committee’s organization was in all other respects fair and proper.
(c)
If, after a hearing on notice under (a), the court finds that a committee appointment fails to satisfy the requirements of § 1102(b)(1), it:
(1)
must order the United States trustee to vacate the appointment; and
(2)
may order other appropriate action.
(As amended Mar. 30, 1987 , eff. Aug. 1, 1987 ; Apr. 30, 1991 , eff. Aug. 1, 1991 ; Mar. 26, 2009 , eff. Dec. 1, 2009 ; Apr. 2, 2024 , eff. Dec. 1, 2024 .)
