Posted by Kathy Bazoian Phelps
I am pleased to announce that the American Bankruptcy Institute has published The Depths of Deepening Insolvency: Damage Exposure for Officers, Directors and Others, which I co-wrote with Prof. Jack Williams. The 178 page book is written from both the plaintiffs’ and defendants’ perspectives. It offers a historical analysis of the doctrine, its significance in calculating damages in a variety of liability scenarios, the interplay of the doctrine with fiduciary duties, and potential defenses that may be asserted to deepening insolvency allegations, as well as a state-by-state list of significant case law on this issue. It is available from the ABI bookstore. The table of contents is available here. A peek inside is available here.
Also, a podcast that I just did with Prof. Williams, Exploring the Depths of Deepening Insolvency, is available at the ABI Podcast website.
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