Recently, a federal appeals court in In re Lemington Home for the Aged revived claims brought by unsecured creditors against the directors and officers (D&Os) of the insolvent Lemington Home for the Aged when it reversed a lower court’s decision in favor of the D&Os. The unsecured creditors committee asserted that the D&Os had breached their fiduciary duty to the unsecured creditors while wrapping up Lemington Home’s corporate affairs. The committee further alleged that the D&Os had acted fraudulently in conveying assets to third parties, which led to Lemington Home’s deepening insolvency.
Aside from this case’s significance to the unsecured creditors committee, the court’s discussion in this opinion may be a useful reminder to governing boards and officers of nonprofit health care providers. Governing boards and officers of nonprofit health care providers should consider the following five things when facing corporate decisions and the looming possibility of insolvency....
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Topics: Conflicts of Interest, Creditors, Elder Care, Fiduciary Duty, Healthcare Professionals, Medicaid, Medicare, Nursing Homes
Published In: Bankruptcy Updates, Business Organization Updates, Health Updates, Nonprofits Updates
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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