Does an unsecured creditors’ committee have an unconditional right to intervene in an adversary proceeding related to a chapter 11 case? Courts are undecided — and just last year, the U.S. Bankruptcy Court for the Southern District of Florida widened the split.

2022 has been a return to “normal” and a busy year for ABI’s Business Reorganization Committee. Committee members have taken advantage of the many benefits afforded to them, including the committee’s many newsletters and educational programs offered throughout the year, and have taken part in active discussions over the listserv regarding hot topics and industry trends.

If a solvent chapter 11 debtor designates creditors as unimpaired, what rate of post-petition interest must the debtor pay those creditors? That question has divided bankruptcy courts. Some have held that a plan must pay unimpaired creditors post-petition interest at the contract rate.

A recent decision by the Eleventh Circuit Court of Appeals addresses an issue previously addressed by only one other circuit court and should be welcome news for preference defendants asserting a “subsequent new value” defense while also having a § 503(b)(9) claim. In the case of Auriga Polymers Inc. v.