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Creditors Fiduciary Duty Duty of Care

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

Carey Olsen

Eastern Caribbean Court of Appeal delivers key ruling concerning directors' duties and creditor protection in the British Virgin...

Carey Olsen on

In the recent decision of Byers & Richardson v Chen Ningning (BVIHCMAP2024/0009) ("Byers"), the Eastern Caribbean Court of Appeal ("COA") considered the scope of the director’s duty to creditors when a company is insolvent or...more

Hogan Lovells

Legal and Financial Risk - July 2017

Hogan Lovells on

Secured creditors are not left out in the cold - In the recent case of Kevin Taylor v Van Dutch Marine Holding Ltd and others, the High Court decided that the exercise of existing rights by a secured creditor should not be...more

Troutman Pepper

Officer/Director Breach of Duty: If Things Get Bad Enough, There May Be Recourse

Troutman Pepper on

Official Comm. of Unsecured Creditors v. Baldwin (In re Lemington Home for the Aged), 777 F.3d 620 (3rd Cir. 2015) – The debtor was a nonprofit corporation that operated a nursing home. The chapter 11 unsecured...more

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