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Frequently Asked Committee Questions

On March 29, 2017, Westinghouse Electric Company LLC, et al., "Debtors”) filed a voluntary petition (collectively, the “Bankruptcy Case”) for relief under chapter 11 of title 11 of the United States Code, 11 U.S.C. §§ 101 et seq. (as amended, the “Bankruptcy Code”).

The questions and answers that follow provide general information concerning the Bankruptcy Case, the Statutory Unsecured Claimholders' Committee of Westinghouse Electric Company LLC, et al.,(the “Committee”), and various topics related to the Bankruptcy Case and the Committee.


1. What is the Committee?

2. What is the Committee’s role in the Bankruptcy Case?

3. Who are the members of the Committee?

4. Who represents the Committee?

5. Who represents the US Trustee in the Bankruptcy Case?

6. What role does the US Trustee play?

7. Does the Committee represent individual creditors?

8. What is the deadline for filing proofs of claims?

9. Do I need to file a proof of claim?

10. Have the Debtors filed any chapter 11 plan(s) or disclosure statement(s)?

11. How long will the Bankruptcy Case take?

12. Who is the judge presiding over the Bankruptcy Case?



1. What is the Committee?

Pursuant to the Bankruptcy Code, the United States Trustee (the “US Trustee”) is authorized to appoint a committee of creditors holding unsecured claims as soon as practicable after the filing of a case. Generally, a creditors’ committee is a group of general unsecured creditors appointed to represent, in a fiduciary capacity, the interests of all general unsecured creditors. In such role, creditors’ committees act to protect and promote the interests of general unsecured creditors by, among other things, monitoring a debtor’s business operations, investigating its business and financial affairs, and negotiating the terms of a plan of reorganization. The overarching goal of a creditors’ committee is to maximize value for general unsecured creditors.

In accordance with this authority, on April 7, 2017, the US Trustee appointed the Committee [Docket No. 160]. Subsequently, on October 2, 2017, the US Trustee filed an amendment to the appointment of the Committee [Docket No. 1431]. Subsequently, on October 2, 2017, the US Trustee filed a second amendment to the appointment of the Committee [Docket No. 1954].

2. What is the Committee’s role in the Bankruptcy Case?

Pursuant to the Bankruptcy Code, the Committee may: (1) consult with the trustee or debtor in possession concerning the administration of the Bankruptcy Case; (2) investigate the acts, conduct, assets, liabilities, and financial condition of the Debtor, the operation or the Debtor’s business and the desirability of the continuance of such business, and any other matter relevant to the case or to the formulation of a plan; (3) participate in the formulation of a plan, advise those represented by the Committee of its determinations as to any plan formulated, and collect and file with the court acceptances or rejections of a plan; (4) request the appointment of a trustee of examiner under section 1104 of the Bankruptcy Code; and (5) perform such other services as are in the interest of those represented.

3. Who are the members of the Committee?

• Flour Enterprises Inc.
• SSM Industries, Inc.
• Dastech International Inc.
• Jones Lang LaSalle Americas, Inc.
• Pension Benefit Guaranty Corporation


4. Who represents the Committee?

The Committee has retained Proskauer Rose LLP to act as its general bankruptcy counsel.

5. Who represents the US Trustee in the Bankruptcy Case?

The trial attorney assigned to the Bankruptcy Case by the US Trustee is Paul K. Schwartzberg.

6. What role does the US Trustee play?

The United States Trustee Program is a component of the Department of Justice responsible for overseeing the administration of bankruptcy cases. For further details on the United States Trustee’s role, please visit the website of the United States Trustee at: https://www.justice.gov/ust-regions-r02.

7. Does the Committee represent individual creditors?

No. The Committee represents the interests of all unsecured creditors through oversight of and negotiations with the Debtor. Neither the Committee nor its counsel represents individual creditors that may have claims in the Bankruptcy Case.

8. What is the deadline for filing proofs of claims?

The general deadline (also known as the “bar date”) to file proofs of claim in the Bankruptcy Case was September 1, 2017.

9. Do I need to file a proof of claim?

If you believe that you or an entity you represent has a claim arising prior to March 29, 2017 against the Debtor, you may wish to file a proof of claim to protect your rights. You should consult your own counsel in deciding whether to file a claim in the Bankruptcy Case.

10. Have the Debtors filed any chapter 11 plan(s) or disclosure statement(s)?

The Debtors filed a Chapter 11 Plan of Reorganization and Disclosure Statement on January 29, 2018. To see the Plan and Plan-Related documents, click [here]. Subsequently, on March 28, 2018, the United States Bankruptcy Court for the Southern District of New York confirmed the Debtors' Modified Second Amended Joint Chapter 11 Plan of Reorganization. Please view the Findings of Fact, Conclusions of Law, and Order Confirming Modified Second Amended Joint Plan of Reorganization [Docket No 2088] for more information. On August 1, 2018, the conditions set forth in Section 10 of the Plan were satisfied and the Effective Date of the Plan occurred. For additional information, please see the Notice of Occurrence of Effective Date of Debtors' Modified Second Amended Joint Chapter 11 Plan of Reorganization [Docket No. 3705].


11. How long will the Bankruptcy Case take?

There is no specific time estimate for the Bankruptcy Case. Bankruptcy cases such as these can take many months (and in some cases years) to complete.

12. Who is the judge presiding over the Bankruptcy Case?

The Bankruptcy Case is assigned to the Honorable Michael E. Wiles, United States Bankruptcy Judge for the Southern District of New York.