Alexander v. Anstine

I. Introduction

In this appeal, we review and reverse Anstine v. Alexander, 128 P.3d 249 (Colo.App.2005). The court of appeals in this case held that (1) a bankruptcy trustee has standing under section 544(a) of the Federal Bank-ruptey Code to pursue a claim against a debtor corporation's attorneys for aiding and abetting a breach of fiduciary duty, and (2) a corporation's attorneys owe a duty to the corporation's creditors to refrain from aiding and abetting a corporate officer in breaching his fiduciary duty.

We disagree with the court of appeals' broad holding on the standing issue. Section…