Print PDF Distressed Investor Alert: Revisions to Bankruptcy Rule 2019 Will Discourage Active Involvement in U.S. Bankruptcy Cases
By Jon Kibbe, Michael Friedman and Keith N. SamburDistressed Investor Alert
December 23, 2009
Bankruptcy Rule 2019 has returned to the public eye with a vengeance in light of a recent ruling by the influential Bankruptcy Court for the District of Delaware and the controversial pending amendments to Rule 2019 proposed by the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States. The amendments will be the subject of a public hearing held in New York City on February 5, 2010. If adopted in their present form, they will likely change the landscape of distressed investing. In this memorandum, Richards Kibbe & Orbe attorneys Jon Kibbe, Michael Friedman and Keith N. Sambur describe recent judicial interpretations of Rule 2019, the proposed revisions and the impact they could have on future U.S. bankruptcies and reorganizations.