According Due Credit to Creditors’ Interests: Examining Directorial Duties in Near Insolvency and Insolvency Scenarios

Lakshmi Viswanathan et al.

Vikalpa2025https://doi.org/10.1177/02560909241306533article
AJG 1
Weight
0.37

What the paper says

Two recent developments in the United Kingdom and Ireland have reignited the debate regarding the scope of the directors’ fiduciary duties during financial distress when the creditors’ economic interests in the company’s assets assume greater significance. This paper examines these developments and discusses the reorientation of the directors’ fiduciary duties that is necessary in near insolvency and insolvency scenarios from shareholder interest primacy to safeguarding the creditors’ interests. This paper further discusses the implications and workability of such position in the Indian context to examine how the directors’ fiduciary duties towards creditors can be formalised under the Indian regime.

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https://doi.org/https://doi.org/10.1177/02560909241306533

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@article{lakshmi2025,
  title        = {{According Due Credit to Creditors’ Interests: Examining Directorial Duties in Near Insolvency and Insolvency Scenarios}},
  author       = {Lakshmi Viswanathan et al.},
  journal      = {Vikalpa},
  year         = {2025},
  doi          = {https://doi.org/https://doi.org/10.1177/02560909241306533},
}

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According Due Credit to Creditors’ Interests: Examining Directorial Duties in Near Insolvency and Insolvency Scenarios

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Evidence weight

0.37

Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40

F · citation impact0.16 × 0.4 = 0.06
M · momentum0.53 × 0.15 = 0.08
V · venue signal0.50 × 0.05 = 0.03
R · text relevance †0.50 × 0.4 = 0.20

† Text relevance is estimated at 0.50 on the detail page — for your query’s actual relevance score, open this paper from a search result.