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Fiduciary Duty › Debtors-in-Possession

Stradling Yocca Carlson & Rauth

A Recent Decision in the Toys “R” Us Bankruptcy Litigation May Have An Impact on Board Membership

Stradling Yocca Carlson & Rauth on

Key Takeaways - The U.S. Bankruptcy Court for the Eastern District of Virginia recently published a critical opinion in a high profile dispute between Toys “R” Us’ creditors and some of the officers and directors of the...more

Proskauer Rose LLP

The “Golden Share”: All That Glitters Is Not Gold

Proskauer Rose LLP on

A recent, highly anticipated ruling by a Bankruptcy Court in Delaware has reilluminated the concept of a "golden share". While an appeal of the ruling seems likely, this latest ruling by Delaware Bankruptcy Judge Mary F....more

Butler Snow LLP

Sixth Circuit’s holding that debtor in possession and liquidating trustee are one in the same for purposes of...

Butler Snow LLP on

The Sixth Circuit Court of Appeals recently took up the controversial issue of whether a liquidating trustee’s lawsuit, alleging breach of fiduciary duty against a corporate debtor’s officers, falls within the...more

Bennett Jones LLP

New Concerns for Bondholders, Lenders and Other Creditors Following SCC’s Indalex Decision

Bennett Jones LLP on

On February 1, 2013, the Supreme Court of Canada (SCC) released its much-awaited decision in the Indalex case. While the central issue in Indalex was the priority of wind-up deficiencies in defined benefit pension plans...more

Dickinson Wright

Supreme Court of Canada Upholds Priority for DIP Lenders in CCAA Proceedings

Dickinson Wright on

Overview - On February 1, 2013, the Supreme Court of Canada (the “SCC”) affirmed the priority granted to Debtor-In-Possession (“DIP”) lenders who provide capital to debtor companies undergoing the restructuring process...more

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