Conflicting Views On Shareholder Rights In Chapter 11

Law360, New York (February 23, 2016, 10:40 AM EST) -- Corporate "democracy" involves the manner in which decisions governing the activities of a corporate entity are made. Courts have taken inconsistent views of whether shareholder participation in corporate democracy continues or is suspended following the commencement of a case under Chapter 11 of the Bankruptcy Code. In In re SS Body Armor I Inc., 577 B.R. 597 (Bankr. Del. 2015), the Delaware bankruptcy court held that a shareholder bringing a lawsuit to compel a corporate debtor to conduct a shareholder meeting is not required to obtain relief from the automatic bankruptcy stay. The court also ruled, however, that a bankruptcy court may enjoin the occurrence of a shareholder meeting as well as the implementation of any directives resulting from such a meeting if it is shown that they would severely undermine the debtor's reorganization....

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