Issue link: https://mbozikis.ufcontent.com/i/1422521
19 Although the great bulk of the disclosure obligations fall on the debtor, it is important to note that creditors and other parties in interest also can be subject to additional disclosure requirements in a bankruptcy proceeding. For example, just as with a debtor, when a creditor files a motion, it will also be required to support its request for relief with a sufficient factual predicate, which, as noted above, may necessitate the disclosure of information that would normally not be subject to public scrutiny. In addition, as part of the 2005 Amendments, official committees must now "provide access to" information to creditors represented by, but not appointed to, the committee. 11 U.S.C. ยง 1102(b)(3). This can result in a much wider distribution of information regarding a debtor than previously existed even in bankruptcy proceedings. Some courts, however, have recognized the impact that this can have on a debtor's ability to keep information confidential (at least until the appropriate time) if interpreted broadly and, accordingly, have restricted a committee's duty under this Section to exclude the provision of access to confidential or proprietary information. See, e.g., In re Refco Inc., 336 B.R. 187 (Bankr. S.D.N.Y. 2006). Equally significant are the disclosure obligations imposed on certain parties in interest in cases under Chapters 9 and 11 pursuant to Bankruptcy Rule 2019. Bankruptcy Rule 2019 requires certain information from groups, committees, and entities that are comprised of, or who represent, multiple creditors or equity holders who are (a) acting in concert to advance their common interests and (b) are not comprised entirely of affiliates or insiders of one another. F ED. R. BANKR. P. 2019(b)(1). However, unless otherwise ordered by the court, an entity is not required to provide information under the rule solely by virtue of its status as an indenture trustee, an agent for entities under a loan agreement, a class action representative or a governmental unit that is not a person. F ED. R. BANKR. P. 2019(b)(2). Pursuant to Bankruptcy Rule 2019, pertinent facts must be provided with respect to the formation of a group or committee, other than an official committee, and each entity for whom the group or committee has agreed to act or at whose instance the