This author—whose practice is heavily weighted toward representation of official committees in large chapter 11 cases—has previously penned articles relating to questions surrounding the permanency of an official committee.
First, in an article entitled Does a Bankruptcy Court Have Authority to Disband an Official Committee?,[1] two then high-profile bankruptcy cases were examined—In re City of Detroit, Michigan, 519 B.R. 673 (Bankr. E.D. Mich. 2014) and In re Caesars Entertainment, 526 B.R. 265 (Bankr. N.D. Ill. 2015)—where bankruptcy courts reached opposite conclusions regarding whether a court has the authority to disband or vacate the appointment by the Unites States Trustee (the “UST”) of an official committee of creditors. While there have been subsequent decisions addressing the issue—finding that such authority does exist—that question has yet to be answered on the circuit court level.[2]