Fiduciary Duties in Bankruptcy and Insolvency
Document Type
Article
Publication Date
2017
Abstract
Although discussed nowhere in the U.S. Bankruptcy Code, fiduciary duties play a central role in guiding the administration of an insolvent debtor's assets. This book chapter explores the fiduciary obligations of trustees (including DIPs) under both statute and common law, with a special focus on the intrinsic conflicts that arise within the "menagerie of heterogeneous creditors" that constitute the claimants of a bankruptcy estate.
Recommended Citation
Pottow, John A. E., "Fiduciary Duties in Bankruptcy and Insolvency" (2017). Public Law & Legal Theory Working Papers. 289.
https://repository.law.umich.edu/pub_law_archive/289
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