Procedimientos para el nombramiento de un Comité de Equidad 1. Nombramiento por el Fideicomisario de los Estados Unidos
Procedures for the Appoint of an Equity Committee
1. Appointment by the United States Trustee
Section 1102(a)(1) of the Bankrupty Code vests the U.S. Trustee with the authority to appoint one or more Equity Committees in chapter 11 cases in its discretion and as it ―deems appropriate.‖ Although bk courts are empowered to appoint Equity Committees prior to the U.S. Trustee‘s exercise of discretion to do so, the appointment decision usually is addressed by the U.S. Trustee in the first instance,and section 1102(a)(1) of the Bk Code directs the U.S. Trustee to make the determination ―as soon as practicable after entry of the order for relief The U.S. Trustee enjoys the discretion to appoint an Equity Committee for any appropriate reason, and its decision need not be accompanied by formal findings or adjudicatory procedures. 34
Should the U.S. Trustee decide not to appoint an Equity Committee at the commencement of the case, it may reconsider the decision at a later stage of the case.35 Indeed, nothing in the Bk Code or the Federal Rules of Bk Procedure prohibits the U.S. Trustee from appointing an Equity Committee at any stage of a chapter 11 case (and there may be, at times, valid reasons for deferring such decision). Appointment By the Bk Court Alternatively, section 1102(a)(2) of the Bk Code vests the bk court with the authority, on request of a party in interest, to order the U.S. Trustee to appoint an Equity Committee. Section 1102(a)(2) of the Bk Code provides that ―[o]n request of a party in interest, the court may order the appointment of additional committees of creditors or of equity security holders if necessary to assure adequate representation of creditors or of equity security holders. The United States trustee shall appoint any such committee.‖37 A party in interest may request that the court order the appointment of an Equity Committee. Tough but not impossible.
