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Fraudulent Transfers

Advanced Fraud-Based Litigation

Beyond a general overview of the fraudulent transfer elements under state law and the Bankruptcy Code, this panel will dissect recent fraud-related litigation topics and share personal experiences in representing and adjudicating such matters. Understanding who may be the subject of a fraudulent claim in bankruptcy, when a fraudulent transfer claim may arise, the ever-developing defenses to fraud, and the consequences for not complying with fraud-related discovery are just some of the issues that will be addressed in this panel. As more cases are filed because of, or in order to pursue, fraud claims, the panelists will provide their perspectives and highlight considerations of which all professionals should be aware.
1 hour 8 minutes 24 seconds

Modern Techniques in Asset-Tracing

This panel will discuss the use of AI in insolvency proceedings, as well as service of process via social media in such recent cases as Three Arrows Capital (3AC).
1 hour 6 minutes 8 seconds

Recent Issues with Fraudulent Transfers and Preferences

This panel will address recent case developments in fraudulent transfer and preference law, and their practical implications for practitioners. The discussion will include whether and how to advise clients preparing for bankruptcy with an eye toward fraudulent transfer and preference issues, and whether and how to recover on and monetize these actions during bankruptcy.
1 hour 16 minutes 45 seconds

They’re Real, but Not All Are SPAC-tacular

This panel will compare and contrast the SPAC craze of 2020-21 to see where we are now and what lies ahead.
55 minutes 35 seconds

‘They Did What?’ Attacking Pre-Bankruptcy Transactions

This panel will discuss and analyze attacks on pre-bankruptcy transactions, specifically certain transactions that (1) resulted in modifications to corporate governance or subsidiary status; (2) were at the behest of directors and officers and that may or may not have been to the detriment of the company; (3) were designed to limit liabilities in a workout or reorganization scenario; (4) modified rights or obligations owed to lenders, including the grant of additional security; or (5) were done for some other purpose. During the discussion, the panelists will focus on the analysis of the potential attack on such transactions, as well as the strategy for launching (or planning to launch) such an attack.
1 hour 15 minutes 14 seconds