Committee Letter in Support of Confirmation


Summary

This template is a Committee Letter in Support of Confirmation. It is intended as a general drafting aid and will require modification according to the particular circumstances and the intentions of the parties. This template includes practical guidance, drafting notes, alternate, and optional clauses. Once the disclosure statement is approved and the terms of the plan finalized, the creditors’ committee then advises the unsecured creditor body that it represents on whether to accept or reject the plan. This is usually achieved via a solicitation letter or statement of position by the creditors’ committee to the general unsecured creditors stating the creditors’ committee’s recommendation and the reasons therefor. Notwithstanding the language of Section 1103(c)(3) of the Bankruptcy Code that a creditors’ committee may “collect and file with the court acceptances or rejections of a plan,” it is generally the debtor (through a retained third-party claims and balloting agent) who manages ...