Official Committee of Unsecured Creditors of Cybergenics Corp. Ex Rel. Cybergenics Corp. v. Chinery

■ FUENTES, Circuit Judge,

with whom Circuit Judges Sloviter, Alito and Smith join, dissenting.

In this case, the majority interprets the phrase “the trustee may,” in § 544(b)(1) of the Bankruptcy Code, to mean that the trustee and a creditors’ committee may seek recovery under the statute. Although the majority does not conclude that the phrase is ambiguous or that its meaning is in any way obscure, it has, nonetheless, broadened the statute to add a party that Congress specifically omitted. The majority reasons that, while no specific statutory authority grants a creditors’ committee standing,…