B. The Motion Is Not Premature.
25. The Venkidu Opposition also contends that the Motion is premature. However, Venkidu’s concerns as a secured party receiving adequate protection payments during the case, must be viewed vis-à-vis the concerns of non-insider, unsecured creditors who are receiving nothing while the Debtor’s management is dissipating estate assets. As set forth above, exigent circumstances require the Committee to immediately pursue the Derivative Actions, regardless of the outcome of the plan confirmation process or the Motion To Appoint Trustee.8 Without standing for the Committee to pursue the Derivative Actions, non-insider creditors may be left with nominal assets, if anything, to realize from the estate.
