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TABLE OF CONTENTS
Jurisdiction | United States |
TABLE OF CONTENTS
CHAPTER 1: Introduction to Deepening Insolvency .... 1
1. Generally...........................................................................1
2. Definition of Deepening Insolvency...................................3
3. Evolution of Deepening Insolvency Theory........................4
CHAPTER 2: Officer and Director Business Decisions and Fiduciary Duties...........................................7
1. Breach of Fiduciary Duty Generally...................................7
2. Nature of Fiduciary Duties Outside of Bankruptcy.............8
A. Historically....................................................................8
B. Definition of Fiduciary Duties..........................................8
C. Types of Fiduciary Duties..............................................10
3. Fiduciary Duties in Bankruptcy........................................14
4. Fiduciary Duties of Insolvent Corporations......................15
A. Generally.....................................................................15
B. Emerging Duties to Creditors.........................................17
C. Insolvency ................................................................... 18
D. Zone of Insolvency........................................................20
CHAPTER 3: Interplay between Breach of Fiduciary Duties and Deepening Insolvency Liability................................................................23
1. Deepening Insolvency Liability Resulting from a Breach of Fiduciary Duties...................................23
2. Deepening Insolvency Theory Overrides the Business Judgment Rule.............................................24
3. Previously Insolvent Corporations Cannot Be Injured Despite Breach of Fiduciary Duties..................................27
4. Deepening Insolvency Discourages Workouts..................28
5. Deepening Insolvency Is Hindsight..................................28
6. Deepening Insolvency Is Duplicative of Other Torts.........29
CHAPTER 4: The Tort Claim for Deepening insolvency..................................................33
1. Elements of a Deepening Insolvency Claim ..................... 33
A. Split of Authority on Culpability Element........................34
B. Harm to the Entity.........................................................36
C. Causation of Damages................................................... 37
2. Use of Deepening Insolvency Claims to Obtain Standing...........................................................41
3. Use of Deepening Insolvency Claim to Pursue Sizeable Damages.............................................44
CHAPTER 5: Deepening insolvency as a Theory of Damages....................................................45
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Request your trial- American Bankruptcy Institute
- The Depths of Deepening Insolvency: Damage Exposure for Officers Directors and Others
- Front Matter
- ABOUT THE AUTHORS
- ABOUT THE EDITOR
- ACKNOWLEDGMENTS
- TABLE OF CONTENTS
- CHAPTER 1 introduction to Deepening insolvency
- CHAPTER 2 Officer and Director Business Decisions and Fiduciary Duties
- CHAPTER 3 interplay between Breach of Fiduciary Duties and Deepening insolvency Liability
- CHAPTER 4 The Tort Claim for Deepening insolvency
- CHAPTER 5 Deepening insolvency as a Theory of Damages
- CHAPTER 6 Summary of Positions on Deepening insolvency by State
- CHAPTER 7 Deepening insolvency Claims against Officers and Directors
- CHAPTER 8 Deepening insolvency Claims against Other Target Defendants
- CHAPTER 9 Standing issues in Pursuing Deepening insolvency Claims
- CHAPTER 10 The In Pari Delicto Defense
- CHAPTER 11 Deepening insolvency Going Forward
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