One major requirement for the appointment of a receiver under Section 291 of the DGCL is establishing the insolvency of the corporation. The burden of establishing insolvency lies with the
Continue Reading Establishing Insolvency Under Section 291
DGCL Section 291
Appointing Receiver to an Insolvent Corporation Under Section 291 of the DGCL: Who has Standing to Seek Appointment?
By Fox Rothschild LLP on
Under Section 291 of the DGCL, only shareholders or creditors have standing to seek the appointment of a receiver to an insolvent Delaware corporation. However, Delaware cases have interpreted the…
Continue Reading Appointing Receiver to an Insolvent Corporation Under Section 291 of the DGCL: Who has Standing to Seek Appointment?
Appointment of a Receiver to an Insolvent Delaware Corporation
By Fox Rothschild LLP on
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…
Continue Reading Appointment of a Receiver to an Insolvent Delaware Corporation