Title 11 — Bankruptcy
Chapter 7 — Liquidation
§ 705. Creditors’ committee
Statutory text
At the meeting under section 341(a) of this title, creditors that may vote for a trustee under section 702(a) of this title may elect a committee of not fewer than three, and not more than eleven, creditors, each of whom holds an allowable unsecured claim of a kind entitled to distribution under section 726(a)(2) of this title.
A committee elected under subsection (a) of this section may consult with the trustee or the United States trustee in connection with the administration of the estate, make recommendations to the trustee or the United States trustee respecting the performance of the trustee’s duties, and submit to the court or the United States trustee any question affecting the administration of the estate.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 95–598 · 92 Stat. 2549
Enacted · 11 U.S.C. § 705
Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2605
Source evidence
Code source credit
Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2605Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986
Pub. L. 99–554 title II § 218 · 100 Stat. 3088
Inserted · 11 U.S.C. § 705(b)
Pub. L. 99–554 inserted “or the United States trustee” in three places
Source evidence
Code amendment note
Subsec. (b). Pub. L. 99–554 inserted “or the United States trustee” in three places.Enacted provision · exact public law section
SEC. 218. CREDITORS’ COMMITTEE. Section 705(b) of title 11, United States Code, is amended— (1) by inserting “or the United States trustee” after “trustee” each place it appears, and (2) by inserting “or the United States trustee” immediately after “court”.Effective date note
Effective date and applicability of amendment by Pub. L. 99–554 dependent upon the judicial district involved, see section 302(d), (e) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.
1 of 2 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
legislative statements
Section 705(a) of the House amendment adopts a provision contained in the Senate amendment that limits a committee of creditors to not more than 11; the House bill contained no maximum limitation.
senate report no. 95–989
This section is derived from section 44b of the Bankruptcy Act [section 72(b) of former title 11] without substantial change. It permits election by general unsecured creditors of a committee of not fewer than 3 members and not more than 11 members to consult with the trustee in connection with the administration of the estate, to make recommendations to the trustee respecting the performance of his duties, and to submit to the court any question affecting the administration of the estate. There is no provision for compensation or reimbursement of its counsel.
Editorial Notes
Amendments
1986—Subsec. (b). Pub. L. 99–554 inserted “or the United States trustee” in three places.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Effective date and applicability of amendment by Pub. L. 99–554 dependent upon the judicial district involved, see section 302(d), (e) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.
Credits
1978–1986 · 2 acts
Show as published
(Pub. L. 95–598, , 92 Stat. 2605; Pub. L. 99–554, title II, § 218, , 100 Stat. 3100.)