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Barry M. Klayman and Mark E. Felger Barry M. Klayman and Mark E. Felger

In Official Committee of Unsecured Creditors v. Constellation Enterprises (In re Constellation Enterprises), 2018 U.S. Dist. LEXIS 47153 (D. Del. Mar. 22, 2018), Judge Richard Andrews held that a creditors’ committee automatically dissolved when a Chapter 11 case was converted to a Chapter 7 case and as a result it lacked the capacity or authority to pursue appeals that had been filed from orders of the bankruptcy court, including the order converting the case. Since there was no co-appellant to prosecute the appeals, the appeals had to be dismissed.

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