Download This PaperFiduciary Duties in Bankruptcy and Insolvency
The Oxford Handbook of Fiduciary Law, (Evan J. Criddle, Paul B. Miller, and Robert H. Sitkoff, Eds.), (2018) Forthcoming
35 Pages Posted: 7 Sep 2017 Last revised: 3 Apr 2018
Date Written: March 29, 2018
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.
JEL Classification: K2, K3
Suggested Citation: Suggested Citation
John A. E. Pottow (Contact Author)
University of Michigan Law School ( email )
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