Fraud

In this discussion, leading practitioners in both bringing and defending significant fraudulent transfer claims will describe the current best practices gleaned from their substantial experiences.

Resolved: Unsecured creditors entitled to post-petition interest can only be paid at the federal judgment rate. Pro: Rachel C. Strickland Willkie Farr & Gallagher LLP; New York Con: Joseph H. Smolinsky Weil, Gotshal & Manges LLP; New York Resolved: Actual fraud under § 523(a)(2)(A) is limited to misrepresentation. Pro: G. Eric Brunstad, Dechert LLP; Hartford, Conn. Con: Danielle Spinelli . WilmerHale; Washington, D.C. Resolved: Negative-notice procedure is sufficient to establish consent under § 363(f). Pro: Hon. Thomas J. Catliota U.S. Bankruptcy Court (D. Md.); Greenbelt Con: Hon. Martin R. Barash U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills

This session will discuss Law v. Siegel and its implications for debtors’ exemptions,amendments to exemptions, and trustee tools to object to exemptions post-Law v. Siegel. This session will also explore the divergent case law emerging from the dicta in the Supreme Court’s opinion, and what it means to debtors and trustees going forward.

Lies Lies Lies, Yeah: Can a Health Care Business Reorganize When Facing Allegations of Fraud? The Role of the Forensic Accountant, Counsel and the Community

This is the second of three webinars stemming from ABI's recently published book Fraud and Forensics: Piercing Through the Deception in a Commercial Fraud Case. Each webinar takes an in-depth look at areas of specialty, challenge and reward for forensic accountants and the professionals who work with them in commercial fraud cases. The third webinar will be: FRAUD AND FORENSICS: THE LAWYER AND FORENSIC ACCOUNTANT WORKING TOGETHER - JANUARY TBD This webinar will focus on the role of the forensic accountant as an expert in a commercial fraud case. Featuring two authors of the recently published book Fraud and Forensics: Piercing Through the Deception in a Commercial Fraud Case, the presentation will offer tips for both the forensic accountant and the lawyer for writing an effective expert report. Listen also to a retired bankruptcy judge explain what the trier of fact wants to hear in expert testimony and how to deliver persuasive testimony.

This panel will explore how to navigate the myriad issues caused by bad-faith chapter 11 filings and will discuss current case law and trends, including how and when a case should be dismissed, whether a business entity can be formed by real estate investors solely to file a chapter 11 bankruptcy, venue-shopping and a host of other issues.

Business Reorganization/Bankruptcy Litigation Committees: This panel will discuss the current trends in white-collar criminal and securities law issues by examining such past cases as Drexel, Adelphia and GSC.

This panel will discuss recent advanced fraudulent transfer case law and the application of § 546(e)’s “safe harbor” to failed leveraged transactions, as well as the “good faith” defense under § 548(c), especially regarding Ponzi scheme fraudulent transfer litigation. Key cases will include In re Lyondell Chemical, In re Tribune Co. Fraudulent Conveyance Litig., In re Derivium Capital, LLC and Official Committee of Unsecured Creditors of Quebecor World (USA) Inc. v. American United Life Insurance Co.