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Home / Opinion Digests / Bankruptcy – Corporate Consolidation – Director Fiduciary Duties – 'Deepening Insolvency' – Ch. 11 (access required)

Bankruptcy – Corporate Consolidation – Director Fiduciary Duties – 'Deepening Insolvency' – Ch. 11 (access required)

In this Chapter 11 case involving voluntary bankruptcy petitions filed by debtor James River Coal Co. and its 21 subsidiaries, which have been substantively consolidated under debtors' reorganization plan, the bankruptcy judge declines to recognize a new claim advanced by the trustee of the liquidating trust who asserts an independent tort of "deepening insolvency"; this ...

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