Menu    3 ABR 195 
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF ALASKA


In re Case No. A92-00886-HAR

Debtor objected to including Dolores Hyer as a member to the Equity Security Holders' Committee on the grounds she is in arrears in her share of the limited partners' contributions to the debtor (Docket Entry 137). Dolores Hyer responded that this is not a valid basis for her disenfranchisement (Docket Entry 138). The court treats this as a motion to remove Hyer. "The power to appoint and delete members of the Creditors' Committee now resides exclusively with the U.S. Trustee. [citations omitted]" In re Wheeler Technology, Inc., 139 BR 235, 239 (9th Cir BAP 1992). I presume the same holds true for equity security holders' committees. 11 USC § 1102(a). Therefore,

IT IS ORDERED that the motion to remove Dolores Hyer from the Equity Security Holders' Committee is DENIED without prejudice to debtor proceeding before the U.S. Trustee for such relief and seeking review of the U.S. Trustee's determination for abuse of discretion or other appropriate grounds. FRBP 2020.



          DATED: June 11, 1993.
 HERBERT A. ROSS
 U.S. Bankruptcy Judge