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Discussions with the Bankrupt Debtor
As a general rule, creditors on the Official Unsecured Committee should refrain from individual discussions with the debtor. Doing so may create confusion. The debtor may not know if the creditor is speaking for their company, or as a representative of the Committee. At the very least, this issue must be addressed by a committee member in any discussion with the debtor in possession. There is always a temptation to share information with other creditors who are not on the committee. It is important to remember that internal discussions among committee members are confidential.
(c) 2011. Michael C. Dennis. All Rights Reserved