• About the Creditors Committee in the NMIRF Bankruptcy Case

    Creditors Committee:
    Roman Tudela
    (jr_tudela@yahoo.com

    Mariano Taitano (martaitano@gmail.com

    Sapuro Rayphand srayphand@yahoo.com

    Barbara Torres: 
    Christopher Leon Guerrero:
    Juan Cepeda:
    Paul Joyce
    (saipanpaul@yahoo.com

     

     

    OFFICIAL COMMITTEE OF UNSECURED CREDITORS

    INFORMATION SHEET

    Purpose of Unsecured Creditors' Committees

    . To increase participation in the chapter 11 proceeding,

    section 1102 of the Bankruptcy Code requires that the United States Trustee appoint a committee of unsecured

    creditors (the "Committee") as soon as practicable after the order for relief has been entered. The Committee

    ordinarily consists of the persons, willing to serve, who hold the seven (7) largest unsecured claims of the kinds

    represented on such committee. The debtor has filed a list indicating that your claim may be among the largest

    unsecured claims against the debtor, and for that reason, you may be eligible to serve on the Committee. There

    must be at least three (3) unsecured creditors willing to serve in order to form a Committee.

     

    Powers and Duties of Unsecured Creditors' Committees.

    Members of the Committee are fiduciaries

    who represent all unsecured creditors as a group without regard to the types of claims which individual

    unsecured creditors hold against the debtor. Section 1103 of the Bankruptcy Code provides that the Committee

    may consult with the debtor, investigate the debtor and its business operations and participate in the formulation

    of a plan of reorganization. The Committee may also perform such other services as are in the interests of the

    unsecured creditors which it represents. Moreover, Federal Rule of Bankruptcy Procedure 2019, as amended,

    requires each member of an official committee to file a verified statement disclosing its name, its address, and

    the nature and amount of each “disclosable economic interest”1 held in relation to the debtor on the date the

    committee was formed. Rule 2019 also requires the committee to file a verified supplemental statement

    updating the earlier information (if information previously disclosed has materially changed) when taking a

    position before the court or soliciting votes on a plan.

     

    Employment of Professionals.

    Section 1103 of the Bankruptcy Code provides that the Committee

    may, subject to the bankruptcy court's approval, employ one or more attorneys, accountants, or other

    professionals to represent or perform services for the Committee. The decision to employ particular

    professionals should occur at a scheduled meeting of the Committee where a majority of the Committee is

    present. All professionals retained by the Committee may be compensated from assets of the debtor's estate

    pursuant to section 330 of the Bankruptcy Code. Applications for the payment of professional fees may be

    monitored by the Office of the United States Trustee and are subject to the Court's approval. However, the

    Committee should carefully review all applications and not rely on the Court or the United States Trustee to

    discover and object to unreasonable or unnecessary professional fees or costs.

     

    Other Matters

    . The Committee should elect a chairperson and may adopt bylaws. As a party in

    interest, the Committee may be heard on any issue in the bankruptcy proceeding. Federal Bankruptcy Rule

    2002(i) requires that the Committee (or its authorized agent) receive all notices concerning motions and

    hearings in the bankruptcy proceeding.

     

    In the event you are appointed to an official committee of creditors, the United States Trustee may

    require periodic certifications of your claims while the bankruptcy case is pending. Creditors wishing to

    serve as fiduciaries on any official committee are advised that they may not purchase, sell or otherwise

    trade in or transfer claims against the Debtor while they are committee members absent an order of the

    Court. By submitting the enclosed Questionnaire and accepting membership on an official committee of

    creditors, you agree to this prohibition. The United States Trustee reserves the right to take appropriate

    action, including removing a creditor from any committee, if the information provided in the

    Questionnaire is inaccurate, if the foregoing prohibition is violated, or for any other reason the United

    States Trustee believes is proper in the exercise of her discretion. You are hereby notified that the United

    States Trustee may share this information with the Securities and Exchange Commission if deemed

    appropriate.

     

    Privacy Act Statement.

    11 U.S.C. § 1102 authorizes the collection of this information. The

    information will be used by the United States Trustee to determine your qualifications for appointment to the

    Committee. Disclosure of this information may be to a bankruptcy trustee or examiner when the information is

    needed to perform the trustee’s or examiner’s duties, or to the appropriate federal, state, local, regulatory, tribal,

    or foreign law enforcement agency when the information indicates a violation or potential violation of law.

    Other disclosures may be made for routine purposes. For a discussion of the types of routine disclosures that

    may be made, you may consult the Executive Office for United States Trustee’s systems of records notice, UST-

    001, “Bankruptcy Case Files and Associated Records.” See 71 Fed. Reg. 59,818 et seq. (Oct. 11, 2006). A copy

    of the notice may be obtained at the following link: http://www.justice.gov/ust/eo/rules_regulations/index.htm.

    Your disclosure of information is voluntary; however, failure to provide the requested information may result in

    the rejection of your application to be appointed to the Committee.

    Should you have any additional questions concerning the Committee or your membership on the

    Committee, please contact the Office of the United States Trustee

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