Commercial Fraud Committee

Committees

Post date: Friday, April 28, 2017
Photo of Daniel M. Anderson
Daniel M. Anderson

In a recent decision, the U.S. Court of Appeals for the Sixth Circuit found itself “obliged to explore some uncharted territory of Ohio substantive and procedural jurisprudence” arising out of fraudulent transfer and related claims from a Ponzi scheme.

Post date: Tuesday, April 11, 2017

In Meoli v. The Huntington National Bank (In re Teleservices Group Inc.),[1] the U.S.

Post date: Tuesday, April 11, 2017

Section 523(a)(2)(A) of the Bankruptcy Code provides that to the extent a debt is obtained by “false pretenses, a false representation, or actual fraud[,]” it is excepted from discharge.[1] In the past, many courts have read the phrase “false pretenses, a false representation, or actual fraud” as meaning only fraud made through misrepr

Post date: Tuesday, April 11, 2017

In Wiggains v. Reed (In re Wiggains),[1] the Fifth Circuit limited an individual debtor’s Texas homestead exemption claims to $130,675.00[2] under 11 U.S.C.

Post date: Thursday, December 15, 2016
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Kathy Bazoian Phelps

The Commercial Fraud Committee had a productive year, producing three webinars, six newsletters, several case law eblasts, and the continuation of the committee-wide conference call program with four calls this year.

Post date: Tuesday, November 22, 2016

It’s widely known that avoidance actions to claw back fraudulent transfers can be filed after the typical four-year limitations period has expired under most states’ versions of the Uniform Fraudulent Transfers Act (or the new Uniform Voidable Transactions Act) by invoking the “discovery rule” in those statutes.

Post date: Tuesday, November 22, 2016

A string of recent email and media account scams[1] remind us that fraudsters are constantly looking for gullible victims, whether lawyers or clients, to scam in seemingly legitimate schemes. Folks in financial distress are excellent targets. Here are several examples to watch for and to caution clients against.

Post date: Tuesday, November 22, 2016
Photo of Daniel M. Anderson
Daniel M. Anderson

In a recent decision, the U.S. Bankruptcy Court for the Eastern District of Michigan held that a chapter 11 debtor may pay an unsecured claim in full prior to confirmation in order to moot the creditor’s objection to the debtor’s plan of reorganization and allow confirmation of the plan.

Post date: Wednesday, September 14, 2016

In the case of Irving H. Picard, Trustee v. Frank J. Avellino, et al. (In re Bernard L.

Post date: Wednesday, September 14, 2016
Photo of David P. Leibowitz
David P. Leibowitz

Since 2009, I have served as a bankruptcy trustee for the estate of Kevin Carney, a Ponzi fraudster. Carney stole over $10 million from close to 200 people, most of whom were people of modest means.

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Mr. Walter F. McArdle, Esq.
Co-Chair
Spain & Gillon, LLC
Birmingham, AL
(205) 581-6295

Ms. Virginia Tate, CFE/CIRA/EA
Co-Chair
FAI International, Forensic Accounting & Investigations
Coeur D'Alene, ID
(208) 765-5432

Mr. Ben A. Barnes
Communications Manager
Kirkland & Ellis LLP
Dallas, TX
(214) 972-1748

Mr. Michael D. Napoli
Education Director
Akerman LLP
Dallas, TX
(214) 720-4300

Mr. Greg S. Schwegmann
Membership Relations Director
Reid Collins & Tsai LLP
Austin, TX
(512) 647-6100

Mr. John T. Farnum, Esq.
Newsletter Editor
Miles & Stockbridge PC
Washington, MD
(202) 737-9600

Mr. Nathaniel J. Palmer
Special Projects Leader
Reid Collins & Tsai LLP
Austin, TX
(512) 647-6107

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