Fiduciary Duties in Bankruptcy and Insolvency
The Oxford Handbook of Fiduciary Law, (Evan J. Criddle, Paul B. Miller, and Robert H. Sitkoff, Eds.), (2018) Forthcoming
U of Michigan Law & Econ Research Paper No. 17-014
35 Pages Posted: 7 Sep 2017 Last revised: 3 Apr 2018
Date Written: March 29, 2018
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.
JEL Classification: K2, K3
Suggested Citation: Suggested Citation