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Court Of Chancery Limits Creditor Standing

Trusa v. Nepo, C.A. No. 12071 (April 13, 2017)

This decision holds that a creditor lacks standing to bring breach of fiduciary duty claims arising out of the management of an LLC. Of course, creditors are better served by drafting the loan documents to protect their rights.

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blog, complex commercial litigation, corporate counseling & litigation