Recent Decision on Derivative Standing by a Creditors’ Committee to Challenge a Lender’s Liens
PBWT
OCTOBER 27, 2021
But the powers of creditors’ committees are circumscribed by both the Bankruptcy Code and case law. One way committees try to enhance recoveries is by seeking “derivative standing” to commence adversary proceedings challenging the validity of a secured lender’s pre-petition liens. ’" Id.
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