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Court of Chancery Appoints Receiver to Resolve Strategic Issues

Badii v. Metropolitan Hospice Inc., C.A. 6190-VCP (March 12,  2012)

In this case the Court appointed a receiver for an insolvent corporation under Section 291 of the DGCL.  The Court reasoned that the appointment was needed to break a deadlock over whether to implement a proposed tax strategy when there was little time left to deal with the IRS.  This illustrates when a receiver may be appointed to make business decisions.

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blog, complex commercial litigation, corporate counseling & litigation