Add to ORKGDespite many cases with seemingly contrary dicta, corporate directors of failing firms do not have special duties to creditors. This follows from the nature of fiduciary duties and the business judgment rule. Under the business judgment rule, the directors have broad discretion to decide what to do and in whose interests to act. There is some authority for a limited creditor right to sue on behalf of the corporation to enforce this duty. However, any such right does not make the duty one owed to creditors. The creditors individually may sue the corporation for breach of specific contractual, tort, and statutory duties, particularly on account of fraudulent conveyances. But the creditors are not owed general fiduciary protection even if they...
It is now established, following High Court dicta in Walker v Wimborne and Spies, that directors owe...
It appears that our society has tacitly agreed to spare corporate directors any significant legal li...
It appears that our society has tacitly agreed to spare corporate directors any significant legal li...
Despite many cases with seemingly contrary dicta, corporate directors of failing firms do not have s...
Despite many cases with seemingly contrary dicta, corporate directors of failing firms do not have s...
The most fundamental question of corporation law is to whom does the board of directors of a corpora...
Over the last two decades, in many jurisdictions great emphasis has been placed on directors’ fiduci...
The most fundamental question of corporation law is to whom does the board of directors of a corpora...
The most fundamental question of corporation law is to whom does the board of directors of a corpora...
This Article offers an explanation of the “doctrine” of directors’ duties to creditors. Courts frequ...
The inherent conflict between creditors and shareholders has long occupied courts and commentators i...
The inherent conflict between creditors and shareholders has long occupied courts and commentators i...
This Article offers an explanation of the “doctrine” of directors’ duties to creditors. Courts frequ...
This Article offers an explanation of the “doctrine” of directors’ duties to creditors. Courts frequ...
Directors owe fiduciary duties of care and loyalty to their corporations, and by extension to their ...
It is now established, following High Court dicta in Walker v Wimborne and Spies, that directors owe...
It appears that our society has tacitly agreed to spare corporate directors any significant legal li...
It appears that our society has tacitly agreed to spare corporate directors any significant legal li...
Despite many cases with seemingly contrary dicta, corporate directors of failing firms do not have s...
Despite many cases with seemingly contrary dicta, corporate directors of failing firms do not have s...
The most fundamental question of corporation law is to whom does the board of directors of a corpora...
Over the last two decades, in many jurisdictions great emphasis has been placed on directors’ fiduci...
The most fundamental question of corporation law is to whom does the board of directors of a corpora...
The most fundamental question of corporation law is to whom does the board of directors of a corpora...
This Article offers an explanation of the “doctrine” of directors’ duties to creditors. Courts frequ...
The inherent conflict between creditors and shareholders has long occupied courts and commentators i...
The inherent conflict between creditors and shareholders has long occupied courts and commentators i...
This Article offers an explanation of the “doctrine” of directors’ duties to creditors. Courts frequ...
This Article offers an explanation of the “doctrine” of directors’ duties to creditors. Courts frequ...
Directors owe fiduciary duties of care and loyalty to their corporations, and by extension to their ...
It is now established, following High Court dicta in Walker v Wimborne and Spies, that directors owe...
It appears that our society has tacitly agreed to spare corporate directors any significant legal li...
It appears that our society has tacitly agreed to spare corporate directors any significant legal li...