Finance and Factionalism: The Uneasy Present (and Future) of Special Interest Committees in Corporate Reorganization Law

This Article starts with a general doctrinal introduction to the Bankruptcy Code sections and case law that control the creation and appointment of committees. The Article then provides case studies from four large corporate reorganizations: Enron, Kmart, Global Crossing, and Pacific Gas and Electric. These case studies reveal the wide variety of factual and legal setting in which the appointment of special interest committees can become an important threshold legal issue in bankruptcy law. Finally, the last section of the Article discusses several potential implications from the case studies.

Special interest committees, properly constituted and employed, can improve both the process and the outcomes of corporate bankruptcy filings. However, this Article advances several reasons why special interest committees are likely to have an uncertain future in modern corporate reorganization law and practice.