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The new creditors' committee disclosure and solicitation obligations: the Refco blueprint!(CREDIT COLUMN)

Business Credit

| April 01, 2006 | Nathan, Bruce S. | COPYRIGHT 2006 National Association of Credit Management. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), that became effective for bankruptcy cases filed on or after October 17, 2005, has resulted in the most significant change in bankruptcy law in a generation. One of the areas where the BAPCPA has significantly changed bankruptcy practice is the new requirement that creditors' committees grant access to information to--and solicit comments about the case from--creditors who are not committee members and whose interests the committee represents.

This new provision does not define "information" and has raised many questions about what "information" committees must disclose to constituent ...

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