Our program will delve into the essential role that a creditors’ committee plays in Chapter 11 cases to safeguard the interests of unsecured creditors. The session will start by exploring the formation of a creditors’ committee, highlighting the diverse types of creditors appointed to the committee and their varying interests. We will also discuss the advantages and disadvantages of committee membership, the goals of its members, and the role of committee professionals in their interactions with committee members. The speakers will then delve into the committee’s power to advocate for its unsecured creditor constituency. This includes negotiating and litigating Chapter 11 financing issues, actively participating in and litigating bankruptcy sales and Chapter 11 plans, and investigating and pursuing causes of action and lien challenges against the debtor’s secured lender and claims against the debtor’s insiders. Lastly, we will present case studies from our prior committee representations to provide real-world insights and examples.
The Role of a Creditors’ Committee as a Counterweight to the Debtor and Secured Lender
Event Overview:
Michael Papandrea, Esq., Lowenstein Sandler provides counsel to debtors, creditors’ committees, individual creditors, liquidating trustees and other interested parties with respect to corporate bankruptcy and creditors’ rights matters, including bankruptcy-related litigation.
Reliable and efficient, Michael is appreciated for his innate ability to effectively apply and communicate his understanding of the law and general business principles with respect to complex issues, both while providing advice to clients and while aggressively advocating on their behalf. Michael works tirelessly to understand clients’ needs and provide practical solutions that are reasonable, balanced, and favorable to the clients he serves.
Michael takes pride in his commitment to the community and provides pro bono representation to individuals and a nonprofit organization regarding bankruptcy and foreclosure-related matters.
Prior to joining the firm, Michael held multiple clerkships in the U.S. Bankruptcy Court; he clerked for the Hon. Jerrold N. Poslusny, Jr. (District of New Jersey), the Hon. Ashely M. Chan (Eastern District of Pennsylvania) and the Hon. Gloria M. Burns (Chief Judge, District of New Jersey). Michael applies the valuable insights learned from working closely and directly with these members of the judiciary to his everyday practice.