« Chrysler & Credit Bidding | Main | Nevermind »

Anyone else notice this?

posted by Stephen Lubben

Chrysler's disenting senior creditors filed their much discussed 2019 statement the other day. A copy can be found here.

Under Federal Rule of Bankruptcy Procedure 2019(a), the statement must include "a copy of the instrument, if any, whereby the . . .  committee . . .  is empowered to act on behalf of creditors."

The creditors attached a copy of their committee's agreement. It is not executed (in human speak, it is unsigned). Does that count? I'm not sure an unsigned document proves that they are empowed to act for anyone.


TrackBack URL for this entry:

Listed below are links to weblogs that reference Anyone else notice this?:


It's hard to feel sorry for the non-TARP lenders listed in Appendix (or Addendum) A. I'm sure the final copy submitted to/stamped by the clerk was signed.

You got me curious, so I checked the PACER site (http://ecf.nysb-mega.uscourts.gov). Same document.

Paragraph 5 of the pleading says:

The terms of White & Case’s engagement by the Chrysler Non-TARP Lenders are set forth in
the Agreement of the Chrysler CarCo Lenders Group, which is attached as Exhibit B.

The 2019 statement is a verified statement made under penalty of perjury by Attorney Uzzi.

That may be good enough.

The comments to this entry are closed.


Current Guests

Follow Us On Twitter

Like Us on Facebook

  • Like Us on Facebook

    By "Liking" us on Facebook, you will receive excerpts of our posts in your Facebook news feed. (If you change your mind, you can undo it later.) Note that this is different than "Liking" our Facebook page, although a "Like" in either place will get you Credit Slips post on your Facebook news feed.



  • As a public service, the University of Illinois College of Law operates Bankr-L, an e-mail list on which bankruptcy professionals can exchange information. Bankr-L is administered by one of the Credit Slips bloggers, Professor Robert M. Lawless of the University of Illinois. Although Bankr-L is a free service, membership is limited only to persons with a professional connection to the bankruptcy field (e.g., lawyer, accountant, academic, judge). To request a subscription on Bankr-L, click here to visit the page for the list and then click on the link for "Subscribe." After completing the information there, please also send an e-mail to Professor Lawless ([email protected]) with a short description of your professional connection to bankruptcy. A link to a URL with a professional bio or other identifying information would be great.