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Creditors Duty of Loyalty

Whiteford

The Fiduciary Duties of an Executor of An Estate in Virginia

Whiteford on

Executors and administrators of estates in Virginia must swear an oath before the probate clerk that they will “faithfully perform the duties of [their] office to the best of [their] judgment.” These duties are called...more

Holland & Knight LLP

Delaware Bankruptcy Court Grants Creditors' Committee of Debtor LLC Derivative Standing

Holland & Knight LLP on

In a recent opinion, In re Pack Liquidating, LLC (Pack Liquidating), the U.S. Bankruptcy Court for the District of Delaware held that under Official Committee of Unsecured Creditors of Cybergenics Corp. v. Chinery...more

Pillsbury Winthrop Shaw Pittman LLP

Down Rounds—Potential Liabilities and Strategies to Address Them

As venture-backed companies increasingly face the prospect of a down round, directors, management and controlling shareholders must understand the lurking liabilities and follow appropriate procedures. Corporate boards...more

Saul Ewing LLP

Delaying a Bankruptcy for Shareholder Benefit May Benefit the Creditors After All

Saul Ewing LLP on

Equity holders and sponsors be wary - a new arrow may now be available in the quiver of potential causes of action that creditors and trustees can use to maximize their recovery in chapter 11 bankruptcy cases. In a recent...more

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