What remedy do you have if you or your company is a creditor or shareholder of an insolvent Delaware corporation to recover amounts owed to you?  Section 291 of the Delaware General Corporation Law (“DGCL”) provides a statutory basis to seek the appointment of a receiver over such company in order to pay outstanding debts of the company.

What Is the Process for Appointment of a Receiver of an Insolvent Corporation Under Section 291 of the DGCL?

Under Section 291, whenever a corporation is insolvent, any creditor or stockholder of a corporation may petition the Court of Chancery to appoint one or more persons to be receivers of the corporation.

What are the Functions of a Receiver of an Insolvent Corporation Under Section 291 of the DGCL?

• Take charge of the corporation’s assets, estate, effects, business and affairs;

• Collect the outstanding debts, claims and property due and belonging to the corporation;

• Prosecute and defend, in the name of the corporation or otherwise, all claims or suits, to appoint an agent or agents under them; and

• Do all other acts that might be done by the corporation and be necessary or proper.

If you would like to speak to a litigator in Fox Rothschild’s Delaware office, please reach out to Sid Liebesman (302) 622-4237 or Seth Niederman (302) 622-4238.