Duties of and Risks to Directors and Officers of Insolvent Enterprises

Traditionally, the bankruptcy risk for D&Os has been fairly low. Several recent developments have, however, shifted the landscape somewhat and altered the risk profile.

11 minute read February 01, 2023 at 12:03 AM

Marshall S. Huebner and

Amber Leary

Duties of and Risks to Directors and Officers of Insolvent Enterprises

For both distressed companies and their directors and officers (D&Os), insolvency is often complex and fraught. D&Os owe ongoing fiduciary duties to the company, and must often make difficult decisions that impact the enterprise and its creditors, shareholders, employees and other stakeholders.

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