In Badr Abdelhameed Dhia Jafar v. Vatican Challenge 2017 LLC, 2022 WL 365142 (Del. Ch. Feb. 8, 2022), the Court of Chancery held the petitioning member of the
Continue Reading Chancery Court Holds Plaintiff Responsible For Receiver’s Fees In Section 220 Action.
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
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?
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
If you are a shareholder of a deadlocked Delaware corporation, and the company is immobilized by such dissension, then a remedy exists for you under Delaware law. This post will
Continue Reading Demand for Appointment of a Custodian or Receiver of a Corporation
In the decision of Rich v. Fuqi International Inc., Civil Action No. 5653-VCG (Del. Ch. June 12, 2013), the Court analyzed a Motion for Rule to Show Cause why
In the case of Zutrau v. Jansing, C.A. No. 7457-VCP (Del. Ch. Mar. 18, 2013), the Court of Chancery recognized the right to appoint a receiver over a solvent
Continue Reading Court Appoints Receiver Over Solvent Corporation
A recent case decided by the Delaware Court of Chancery is important for any corporation considering a dissolution which will still have liability insurance coverage for years after its dissolution
The Delaware Court of Chancery is internationally recognized for resolving disputes related to corporations and other business entities. Its excellence, opportunity for proceedings and swift determination, actions known as summary
A recent decision by the Court of Chancery, Jagodzinski v. Silicon Valley Innovation Company, LLC, C.A. No. 6203-VCP (Del. Ch. Feb. 14, 2012), provides an informative analysis of