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In re LTL Mgmt., LLC

In re LTL Mgmt., LLC

United States Bankruptcy Court for the District of New Jersey

January 20, 2022, Decided

Case No. 21-30589 (MBK), Chapter 11, D.N.J. LBR 9004-2(c)

Opinion

ALL COUNSEL OF RECORD

MEMORANDUM OPINION

This matter comes before the Court upon motions (collectively, "Motions") filed by the Debtor, LTL Management, LLC ("LTL" or "Debtor") (ECF No. 1047) and the law firm of Arnold & Itkin, LLP, on behalf of certain talc personal injury [*3]  claimants (ECF No. 1067) (together "Movants"), seeking an Order determining that the Notice of the United States Trustee's Filing of Reconstituted and Amended: (i) Notice of Appointment of Official Committee of Talc Claimants I; and (ii) Notice of Appointment of Official Committee of Talc Claimants II (ECF No. 965) (the "Notice of Appointment") is invalid and reinstating the Talc Claimants Committee appointed by order of the United States Bankruptcy Court for the Western District of North Carolina (ECF No. 355). The Court has considered fully the parties' submissions as well as the arguments raised during the hearing on January 19, 2022. For the reasons expressed below, the Court grants the Motions in part and strikes the Notice of Appointment. The Court issues the following findings of fact and conclusions of law as required by FED. R. BANKR. P. 7052.1

I. Jurisdiction

The Court has jurisdiction over this contested matter under 28 U.S.C. §§ 1334(a) and 157(a) and the Standing Order of the United States District Court dated July 10, 1984, as amended September 18, 2012, referring all Bankruptcy cases to the Bankruptcy Court. This matter is a core proceeding within the meaning of 28 U.S.C. § 157(b)(2)(A). Venue is proper in this Court pursuant to 28 U.S.C. § 1408.

II. Background [*4] 

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2022 Bankr. LEXIS 158 *; 2022 WL 196292

In re: LTL MANAGEMENT, LLC., Debtor

CORE TERMS

Appointment, Notice, bankruptcy court, Claimants, Talc, decisions, courts, Baby, judicial review, disbandment, Motions, parties, Products, composition, membership, transferred, capricious, law of the case doctrine, law of the case, vacate

Bankruptcy Law, Case Administration, Meetings, Meeting of Creditors, Examiners, Officers & Trustees, United States Trustee, Committees, Reorganizations, Civil Procedure, Judgments, Preclusion of Judgments, Law of the Case, Governments, Courts, Authority to Adjudicate, Administrative Law, Judicial Review, Reviewability, Preclusion, Duties & Functions, Individuals With Regular Income, Standards of Review, Arbitrary & Capricious Standard of Review, Abuse of Discretion, Bankruptcy, Bankruptcy Court Powers, Liquidations, Sanctions, Contempt, Civil Contempt