Legal Opinion · Dissent

In Re Kontaratos

Bankruptcy Appellate Panel of the First Circuit

Decided November 12, 1981No. Bankruptcy 81-9013Published

1Dissent

VOTOLATO, Bankruptcy Judge,

dissenting:

I disagree with the majority and would hold that the bankruptcy judge was acting within his authority in ordering the United States trustee to investigate the representativeness of the creditors’ committee as it was constituted by the United States trustee.

In this Chapter 11 proceeding, the bankruptcy judge was asked by the Debtor to exercise his power to change the membership of the committee because it was “not representative of the different kinds of claims or interests to be represented.” 11 U.S.C. § 1102(c). Specifically, it was requested that two…

2Cases cited5 opinions

United States v. JonesCourt of Appeals for the Seventh Circuit · 1953
Ex Parte United StatesCourt of Appeals for the Seventh Circuit · 1939
Mirin v. Justices of the Supreme Court of NevadaDistrict Court, D. Nevada · 1976
In Re KontaratosUnited States Bankruptcy Court, D. Maine · 1981
In Re StewartUnited States Bankruptcy Court, E.D. Virginia · 1981