Article on Fiduciary Duties in Bankruptcy and Insolvency

John A. E. Pottow recently posted an Article entitled, Fiduciary Duties in Bankruptcy and Insolvency, Wills, Trusts, & Estate Law eJournal. Provided below is an abstract of the Article:

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.

Special thanks to Robert H. Sitkoff (John L. Gray Professor of Law, Harvard Law School) for bringing this article to my attention.