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    A Better Guard for the Henhouse: Should Creditors’ Committees Control Estate Litigation?

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    Author
    Ellis, Justin
    Yeh, Ryan
    
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    URI
    http://hdl.handle.net/20.500.13051/18087
    Abstract
    In October 2021, Senator Elizabeth Warren and several cosponsors introduced a revised version of the Stop Wall Street Looting Act. First introduced in 2019, the proposed legislation targets a range of perceived abuses by private equity firms ranging from the carried interest tax “loophole” to the lack of risk-retention requirements for securitized debt. Among several new proposals to stop the “looting” of portfolio companies is one of particular interest to bankruptcy practitioners: giving unsecured creditors’ committees the exclusive right to bring or settle certain lawsuits in bankruptcy.
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