John A.E. Pottow has made available for download a chapter, Fiduciary Duties in Bankruptcy and Insolvency, from his book, The Oxford Handbook of Fiduciary Law. The Abstract is as follows:
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.
Download full chapter at: Fiduciary Duties in Bankruptcy and Insolvency by John A. E. Pottow :: SSRN
Posted by Lewis J. Saret, Co-General Editor, Wealth Strategies Journal.