Fraud

Superman vs. Mighty Mouse: Whose Superpowers Prevail when a Federal Monitor, Trustee and/or Receiver Collide in a Colossal Case of Health Care Fraud?

With the Supreme Court due to hear oral argument on a critical bankruptcy case on January 14, ABI has released the following free video preview of the upcoming High Court bankruptcy cases. This 75 minute program features ABI Resident Scholar Kara Bruce talking with noted appellate advocate and law professor Eric Brunstad (Dechert LLP; Hartford, Conn.). Eric has argued many cases before the Court and is an expert in bankruptcy appellate practice. He discusses in depth Law v. Siegel, which questions whether the court may use its general equitable authority under §105 of the Bankruptcy Code to surcharge a debtor's exempt assets, and Executive Benefits Insurance Agency v. Arkison (In re Bellingham), which will address the bankruptcy court's authority to adjudicate Article III matters. The latter case will be argued in January and represents another opportunity for the Court to clarify (or reverse) its holding in Stern v. Marshall. He also provides a candid view of what it is like to argue a case before the Court.

A Preview of upcoming Supreme Court bankruptcy cases, featuring ABI Resident Scholar Kara Bruce talking with Eric Brunstad of Dechert LLP (Hartford, Conn.) to preview the bankruptcy cases that the Supreme Court will consider during its 2013 term. Brunstad, who has argued many cases before the Court and is an expert in bankruptcy appellate practice, discusses in depth Law v. Siegel, which questions whether the court may use its general equitable authority under §105 of the Bankruptcy Code to surcharge a debtor's exempt assets, and Executive Benefits Insurance Agency v. Arkison (In re Bellingham), which will address the bankruptcy court's authority to adjudicate Article III matters. He also provides a candid view of what it is like to argue a case before the Court and an in-depth analysis of the issues involved with the upcoming cases. Here is a short preview:

Business

No asset cases, not so fast. The treasure trove of invisible assets: avoidable transfers, fraud claims, clawbacks and other approaches to finding assets in assetless cases.

Being a debtor isn’t a crime, but some debtors are criminals. This panel will discuss various ethical, civil and criminal issues that can arise in a bankruptcy case, including an attorney's duties following the discovery of possible criminal acts by a current/prospective client, how to get paid and not go to prison, the scope of the Fifth Amendment privilege, and obligations arising from a criminal subpoena.

Business: Claims and Defenses in Actions Targeting Investors, Bankers, Accountants and Attorneys