This article is the first in a series of articles discussing §363(n) and collusion in bankruptcy sales.
Commercial Fraud Committee
Committees
On Aug. 31, 2007, the U.S. Bankruptcy Court for the Southern District of New York (Hon. James M.
Section 523(a)(4) of the Bankruptcy Code excepts from discharge any debt “for fraud or defalcation, while acting in a fiduciary capacity, embezzlement, or larceny.” While at first glance interpreting this section of the Code might appear straightforward, the current state of the law appears to contradict this notion.
Too often in my role as a trustee or as the trustee’s attorney, I run into a debtor, defendant or witness who will claim the information I need is missing, or make a dubious claim not to remember key facts. This article distills some of my thoughts and observations on how to deal with these situations.
Personal Bankruptcy Hell:[1]
Your Client’s Worst Nightmare
Debtor Compliance Program in Canada
I don’t know if this happens to you a lot or whether it is peculiar to my household but … I have two feet. I know this as I see them everyday. They have conveyed me faithfully over many miles. Each morning I put on two shoes and two socks, and at the end of the day I take off two shoes and two socks.
![Photo of Eduardo Alfonso Eric Martínez Rodríguez[1]](https://abi-org-corp.s3.amazonaws.com/committee/Authors/ABICommitteeLogo_242.png)
During a Mexican insolvency proceeding, prosecution of several criminal conducts may occur. Such conducts may be attributed to the members of the board of directors, managers, employees and receivers of the insolvent company.
Bankruptcy Judge Jeff Bohm of the U.S.
Mr. Michael D. Napoli
Co-Chair
Akerman LLP
Dallas, TX
(214) 720-4300
Co-Chair
Akerman LLP
Dallas, TX
(214) 720-4300
Mr. Nathaniel J. Palmer
Co-Chair
Reid Collins & Tsai LLP
Austin, TX
(512) 647-6107
Co-Chair
Reid Collins & Tsai LLP
Austin, TX
(512) 647-6107
Mr. Christian A. Pereyda
Education Director
Maynard Nexsen, PC
Birmingham, AL
(205) 254-1854
Education Director
Maynard Nexsen, PC
Birmingham, AL
(205) 254-1854
Ms. Alyson M. Fiedler, Esq.
Newsletter Editor
Ice Miller LLC
New York, NY
(212) 835-6315
Newsletter Editor
Ice Miller LLC
New York, NY
(212) 835-6315
Mr. Aaron M. Kaufman
Special Projects Leader
Gray Reed LLP
Dallas, TX
(469) 320-6050
Special Projects Leader
Gray Reed LLP
Dallas, TX
(469) 320-6050