Fiduciary Duty, Chapter 7, Appeals

Nevada Supreme Court: Chapter 7 Filing Defeats Shareholder Breach Of Fiduciary Claim

Allen Matkins on 4/18/2025

Globe Photos, Inc. owned a portfolio of millions of images of celebrities and musicians, including Marilyn Monroe, the Beatles, and Jimi Hendrix, some taken by famous photographers such as Frank Worth. Despite these assets,...more

Del. Bankruptcy Rulings Instruct on Creditors' Rights to Sue

Proskauer Rose LLP on 9/30/2022

Creditors of distressed businesses are often frustrated by shareholder- controlled boards when directors pursue strategies that appear to be designed to benefit shareholders at the creditors' expense. In these...more

Another Ruling on Public Auctions Versus Private Sales Under Section 363

Patterson Belknap Webb & Tyler LLP on 5/6/2019

Two weeks ago, we discussed asset sales under Bankruptcy Code section 363. As that post noted, section 363 requires court approval for asset sales outside the ordinary course of business, with courts ensuring that sales...more

Connecticut District Court Applies Expansive Reading of “Fiduciary” in Determining Non-dischargability of Breach of Fiduciary Duty...

Pullman & Comley, LLC on 6/29/2018

A debt “for fraud or defalcation while acting in a fiduciary capacity” cannot be discharged in an individual bankruptcy case. 11 U.S.C. §523(a)(4). The precise scope of the term, “fiduciary,” within the meaning of this...more

Seventh Circuit Says Violations of Wisconsin’s Theft-by-Contractor Statute Are Not Dischargeable in Bankruptcy

Foley & Lardner LLP on 6/18/2015

The Bankruptcy Code prevents an individual debtor from discharging certain debts, including, upon request of the creditor, debts for “fraud or defalcation while acting in a fiduciary capacity.” 11 U.S.C. § 523(a)(4). The...more

Lenders Across North Carolina Can Breathe Sigh of Relief - NC Supreme Court reverses decision in significant banking litigation

Poyner Spruill LLP on 6/17/2014

In a case that has implications for all banks in North Carolina, the North Carolina Supreme Court removed a cloud of uncertainty that has remained over the North Carolina banking industry for more than 18 months. The Supreme...more

North Carolina Court of Appeals Allows Borrower to Take Breach of Fiduciary Duty Claims Against Lender to a Jury

Poyner Spruill LLP on 12/19/2012

In what may be a first for a North Carolina appellate court, the North Carolina Court of Appeals has reversed the entry of summary judgment for a lender on a borrower’s breach of fiduciary claim. In Dallaire v. Bank of...more

Fiduciary Duty › Chapter 7 › Appeals