Timely Appeal of Order of Dismissal Warrants Substitution and Further Proceedings by Chapter 7 Trustee

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by the Delaware Supreme Court directing the Court of Chancery to substitute a Chapter 7 trustee for the nominal defendant and realign it as plaintiff in a shareholder action that had been dismissed for failure to make a demand on the company’s board of directors, where the case was pending on appeal when the bankruptcy case was filed.

To read the full article, click here.

Share Page On LinkedIn

Related Attorneys

Mark E. Felger

Co-Chair, Bankruptcy, Insolvency & Restructuring


(302) 295-2087

Barry M. Klayman

Of Counsel


(302) 295-2035

Related Practices