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Last RightsLiquidating a Company$
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Ben S. Branch, Hugh M. Ray, and Robin Russell

Print publication date: 2007

Print ISBN-13: 9780195306989

Published to Oxford Scholarship Online: May 2007

DOI: 10.1093/acprof:oso/9780195306989.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 18 January 2022

 Pursuing Litigation

 Pursuing Litigation

Chapter:
(p.131) 8 Pursuing Litigation
Source:
Last Rights
Author(s):

Dr. Ben S. Branch (Contributor Webpage)

Hugh M. Ray

Robin Russell

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195306989.003.0008

This chapter focuses on the types of causes of action which may belong to the failed business. Lawsuits, such as actions against officers and directors for breach of their duties to the company, actions against lawyers and accountants for professional malpractice, actions to avoid preference payments, and fraudulent transfers made by the debtor are discussed. The aim is to provide a framework for the liquidator's economic analysis of the value of each cause of action by determining the cost and time to litigate and the probability of success and collection.

Keywords:   cause of action, professional malpractice, preference, fraudulent transfer, litigation, economic analysis, probability of success, lawsuit

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