At the Winter Leadership Conference, the Bankruptcy Litigation Committee and the Commercial Fraud Task Force presented a joint program in the form of a mock hearing on a motion to appoint a trustee. The co-chair of the Litigation Committee, Judge Barry Russell, presided, and kept all attendees (and presenters) in suspense until the conclusion of the hearing.
This article is the first in a series of articles discussing §363(n) and collusion in bankruptcy sales.
On Aug. 31, 2007, the U.S. Bankruptcy Court for the Southern District of New York (Hon. James M.
After Rica Chamberlain, former counsel for bankrupt boy-band promoter Lou Pearlman, failed to respond to his requests for turnover of records and computer files re
The last few years have been marked by unprecedented high levels of liquidity in the U.S. economy.
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.
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.
