Zone of Insolvency

Zone of Insolvency

Tag Archives: Fiduciary Duties

Lightsway Litigation Services, LLC v. Yung: A Further Study of Fiduciary Duties

Posted in US
Following up last week’s post on fiduciary duties, we review another bankruptcy decision, also in Delaware, that provides a good refresher on the fiduciary duties of directors and officers. In dismissing claims that officers and directors had breached fiduciary duties, the bankruptcy court in Lightsway Litigation Services, LLC v. Yung (In re Tropicana Entertainment, LLC)… Continue Reading

Gavin v. Tousignant: A Refresher on How Bankruptcy Courts Interpret Officers’ and Directors’ Duties

Posted in US
Corporate officers and directors who want to understand when a bankruptcy court may second-guess their decisions if their company fails need look no further than the Delaware bankruptcy court’s recent decision in Gavin v. Tousignant (In re Ultimate Escapes Holdings, LLC). Failed Business, Failed Merger Ultimate Escapes was formed in September 2009 to operate a… Continue Reading