11 U.S.C. § 705 | Creditors’ committee

(a)

section 341(a) of this title section 702(a) of this title section 726(a)(2) of this title At the meeting under , creditors that may vote for a trustee under 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 .

(b)

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.

Pub. L. 95–598Nov. 6, 197892 Stat. 2605 Pub. L. 99–554, title II, § 218Oct. 27, 1986100 Stat. 3100(, , ; , , .)

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

Pub. L. 99–5541986—Subsec. (b). inserted “or the United States trustee” in three places.

Statutory Notes and Related Subsidiaries

Effective Date of 1986 Amendment

Pub. L. 99–554 Pub. L. 99–554 section 581 of Title 28Effective date and applicability of amendment by dependent upon the judicial district involved, see section 302(d), (e) of , set out as a note under , Judiciary and Judicial Procedure.