Matthew Gensburg, Author at Gensburg Calandriello & Kanter, P.C.

Derivative Standing & Prior Court Approval under Bankruptcy Code Section 1103(a)

by Matthew Gensburg | Nov 30, 2017 | GCK on Law

In In re Perkins, 902 F.3d 1254, 1258 (7th Cir.2004), the Seventh Circuit set out three elements for derivative trustee standing to pursue a cause of action held by the bankruptcy estate: The trustee unjustifiably refuses a demand to pursue the action; The creditor...

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Derivative Standing & Prior Court Approval under Bankruptcy Code Section 1103(a)

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