Fraud

This panel will discuss improper purposes and the use of chapter 11 (NRA and Stream TV Networks, Inc.), analyze chapter 11 issues in liquidating cases, and cover what attorneys and other professionals need to know when preparing chapter 11 liquidation plans.

Ever get stuck with one of “those” clients? (We’ve all been there.) What do you do when you uncover serious problems with a debtor? Learn the right —and wrong —ways to extract yourself from a problem case.This panel will discuss limited-scope representation and the ability of the attorney to withdraw before, during and after the bankruptcy case.

Amid criminal seizure and forfeiture actions imposed by the DOJ, SEC and other regulatory bodies, criminals often have no choice but to file for bankruptcy. This panel will explore financial crimes, including Ponzi and FCPA schemes, that have resulted in bankruptcy filings, and the conflict that ultimately arises between the bankruptcy estate and the federal government over criminals’ seized and forfeited assets. The panelists will also delve into asserting a legal interest in the assets, the look-back period, remedies to the bankruptcy estate and priority schemes.

COVID-19 spurred unprecedented levels of government support. Through Provider Relief Funds, Medicare Advanced Payments, PPP loans and other mechanisms, federal agencies provided substantial liquidity, in some cases with strings attached. Join the panelists as they delve into the effects these funds might have had on fraud and abuse in the health care space.

Hosted by the Young & New Members and Commercial Fraud Committees A frequent element of bankruptcy cases is the assertion of claims against the directors and officers of the debtor, particularly when the debtor has a significant D&O insurance policy. This panel will explore the use of fiduciary-duty litigation in bankruptcy by dissecting the anatomy of a D&O lawsuit, including the types of claims asserted and their possible defenses. The panelists will also discuss how to analyze D&O insurance policies, and such key issues as whether the proceeds of D&O policies are considered property of the estate. Finally, the panelists will highlight best practices for debtors’ counsel faced with such claims, and show how to navigate potential ethical issues.

The health care industry is plagued by fraud and abuse issues. What have we seen already, what do we anticipate seeing in the future, and what do health care providers need to know going forward?

This panel of lawyers and insolvency professionals with bankruptcy expertise will lead a roundtable discussion regarding investigation of debtors and recovering assets to enhance the value of a bankruptcy estate.

Panel presented by the International Women's Insolvency & Restructuring Confederation (IWIRC) Panelists from IWIRC's Latin America network will explore the tools available and strategies for recovering assets in cross-border insolvencies from a Latin American perspective.

Presented by the Claims Trading and Commercial Fraud Committees A review of relevant statutory and case authority surrounding issues of fraud and plan confirmation. What is fraudulent? What is ethical? What is simply good lawyering? This program will explore these and other concerns around claims trading and the potential for manipulation of the bankruptcy plan process.

A better understanding of what trustees do in their day-to-day work can help debtors and credit and finance professionals appreciate some of the complexities of the bankruptcy process. Bankruptcy trustees are often painted as the bad guys: Creditors sometimes think that trustees sell assets at bargain-basement prices for a quick result, or that they're only in it for the fees, and debtors may view the trustee as their arch enemy. But the role of bankruptcy trustees is very challenging, involving and rewarding — not to mention highly regulated. Their work has been further complicated by the emergence this year of subchapter V trustees. This session will provide a better understanding of what trustees do, and will compare the roles of chapter 7 trustees versus the newly minted subchapter V trustees to help debtors and credit and finance professionals appreciate some of the complexities of the bankruptcy process, primarily when it comes to (1) appointment processes; (2) roles; (3) day-to-day duties; (4) fiduciary duties; (5) compliance obligations; (6) immunity, liability and court supervision; and (7) the steps to take to make the trustee happy.