It is well settled that creditors of an insolvent corporation can obtain derivative standing to pursue claims for breach of fiduciary duty against officers and directors.  The same principle, however, does not always apply for creditors of limited liability companies (LLCs) and limited partnerships (LPs).  The Delaware Bankruptcy Court in Gavin/Solmonese LLC v. Citadel Energy

Court: “You know, every piece of information and fact out there is within six degrees of separation of the debtors’ assets and financial affairs. The question is where do you draw the line?”

4/20/17 Transcript of hearing in In Re SunEdison, Inc., et al, Case No. 16-10992-smb (hereinafter “TR”), page 30 lines 6-11.