Expanding the Scope of the Authority of a Litigation Trustee
- Topics:
- Bankruptcies
- Source:
- Reed Elsevier
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Overview: Article discusses about the claims of the debtor or estate, assignment of creditors' claims to the litigation trustee, limitations on the litigation trustee's pursuit of the transferred or assigned claims and litigation trustee under § 1123(b)(3) equal to a true trust. Article also concludes that the attempts by debtors and creditors' committees to expand the scope of claims and interest pursued for the benefit of creditors through the use of litigation trustees appears to be an innovative use of the rights afforded under the Bankruptcy Code. As more mass tort cases wind themselves through the courts, and as counsel become more secure with the appointment of estate representatives to pursue claims either under Bankruptcy Code § 1123(b)(3) or state law trusts, these issues and others are likely to be the subject of litigation.
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Format: HTML | Date: Jan 2003 | Pages: 1
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