Local Rule RULE 2003-1: CREDITORS' COMMITTEE

RULE 2003-1. CREDITORS' COMMITTEE

(a) (a) In satisfaction of the requirements of 11 U.S.C. § 1102(b)(3)(A) and subject to subparagraphssubsections (b) and (c) below, the officiala committee of general unsecured creditors (hereinafter the "Creditors' Committee")appointed under § 1102(a) shall respond to written, telephonic and/, or electronically transmitted inquiries received from any general unsecured creditor holding a claim of a kind represented by that committee and provide to such creditor access to documents, pleadings, and other materials by any means that the Creditors'such committee believes, in its reasonable business judgment, will provide a relevant, informative, and complete response. Subject to such enlargement of time as the Court may order, no later than twenty-one (21) days after appointment of its counsel, the Creditors'attorney, such committee may advise all general unsecured creditors of the kind represented by that committee the preferred means to make any inquiries (e.g., by letter, by telephone, by email, or through any website) to the Creditors' Committee.).

The

(b) A creditors' committee is not authorized or required, pursuant to 11 U.S.C. § 1102(b)(3)(A), to provide access to any confidential information, as described in sections (1) and (2) below, of the debtor or the Creditors'such committee to any creditor.

(1) For the purposes hereof, the term "Confidential information" shall mean any nonpublic information which is the subject of a written confidentiality agreement between the Creditors'such committee and the debtor or another entity or any other nonpublic information, the confidentiality of which in the reasonable business judgment of the Creditors'such committee is necessary in order to successfully perform its duties under 11 U.S.C. § 1103(c)), and was: 1(A) otherwise furnished, disclosed, or made known to the Creditors'such committee by the debtor, whether intentionally, or unintentionally and in any manner, including in written form, orally, or through any electronic facsimile (fax) or computer related communication; or 2(B) developed by professionals employed by the Creditors'such committee and the disclosure of which the Creditors'such committee reasonably believes would impair the performance of its duties.

(2) Notwithstanding the foregoing, Confidential information shall not include any information or portion of information that: (iA) is or becomes generally available to the public or is or becomes available to thea creditors' committee on a nonconfidential basis, in each case to the extent that such information became so available other than by a violation of a contractual legal or fiduciary obligation to the debtor; or (iiB) was in possession of the Creditors'such committee prior to its disclosure by the debtor or the Creditors'such committee's professionals and is not subject to any other duty or obligation to maintain confidentiality.

(c) TheA creditors' committee is not authorized or required, pursuant to 11 U.S.C. § 1102(b)(3)(A) of the Bankruptcy Code, to provide access to any Privileged Information of the Creditors'such committee to any creditor. For the purposes hereof, the term "Privileged Information" shall mean any information subject to the attorney-client privilege or any other state, federal, or other privilege, whether such privilege is solely controlled by the Creditors'such committee or is a joint privilege with the debtor or some other party. Notwithstanding the foregoing, the Creditors'such committee shall be permitted, but not required, to provide access to Privileged Information to any party so long as: (1) such Privileged Information is not confidential information,; and (2) the relevant privilege is held and controlled solely by the Creditors'such committee.

(d) In the event thatIf a creditor is dissatisfied with the failure or refusal of thea creditors' committee to provide requested access or information, the creditor may file a motion seeking to compel the Creditors'such committee to produce documents and/or other information. The dispute shall be deemed to be a discovery dispute and the parties shall comply with the provisions of MLBR 7037-1, insofar as applicable.