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University of Missouri School of Law

Fiduciary duties

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Fiduciary Duties In Distressed Corporations: Second-Generation Issues, Royce De R. Barondes Jan 2007

Fiduciary Duties In Distressed Corporations: Second-Generation Issues, Royce De R. Barondes

Faculty Publications

This paper examines variations in corporate fiduciary duties arising from financial distress. This paper argues whether there is an affirmatively enforceable duty under the principles of Credit Lyonnais is not moot, because, inter alia, the availability of aiding and abetting liability for breach of fiduciary duty will give rise to a greater set of potentially liable defendants (aiding and abetting a fraudulent transfer typically not separately giving rise to liability), allowing a court to reverse some outcomes that would otherwise obtain under the in pari delicto doctrine and the Wagoner rule, and will expand the remedies available. This paper argues …


Fiduciary Duties Of Officers And Directors Of Distressed Corporations, Royce De R. Barondes Oct 1998

Fiduciary Duties Of Officers And Directors Of Distressed Corporations, Royce De R. Barondes

Faculty Publications

This Article argues that this widely-accepted premise for analyzing the incentives created by various alternative structures of federal bankruptcy law is suspect.