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Delaware Fiduciary Litigation Meets Distress and Bankruptcy

Recent cases in bankruptcy court and the Court of Chancery have addressed fiduciary duty claims and the standing of creditors to bring such actions. This panel addresses the current state of the law on when fiduciary duties may be owed to creditors of a distressed company, synthesizing the intersection between bankruptcy law and Delaware law, the recent decisions addressing who can bring claims and when, and the practical realities of advising D&Os on their duties.

Delaware Views from the Bench
2015
Bankruptcy Code: 
Bankruptcy Rule: 
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