Disputes in restructuring matters often are adjudicated under state law.
In LLC Stakeholder Claim Disputes, Pay Strict Attention to Agreement Terms and Possible Waivers
Bankruptcy cases almost always involve a substantial loss of value. When that happens, disputes arise and claims are asserted among stakeholders. This case is a reminder that when assessing the viability of such claims, if a limited liability company has been utilized for the business, strict attention must be paid to the terms of the agreement, starting with an analysis of whether all fiduciary duties have been waived.
By
Andrew C. Kassner
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