Commercial Fraud Committee

Committees

Post date: Monday, September 25, 2017

Section 727(b) of the Bankruptcy Code provides for the discharge of debts that arose prior to the petition date.

Post date: Monday, September 25, 2017

The U.S. Supreme Court has, for four decades, been rocking the boat [that’s Justice Blackmun’s metaphor] on bankruptcy court authority. First, they almost killed the Code, coming within one vote of declaring the entire Bankruptcy Code unconstitutional. Then, they limit and mess with it some more.

Post date: Monday, September 25, 2017
Photo of Abigail B. Willie, Career Law Clerk
Abigail B. Willie, Career Law Clerk

Section 523(a)(2)(B) provides that an individual debtor’s debt is not discharged to the extent the debt was obtained by use of a statement in writing that (1) is materially false, (2) is respecting the debtor’s financial condition, (3) is one on which the creditor reasonably relied and (4) was caused by the debtor to be made or published with intent to deceive. Recently, in Privitera v.

Post date: Wednesday, June 21, 2017

Commingling of funds frequently occurs in fraud cases and is notably common in Ponzi scheme cases. It occurs when funds belonging to one party are deposited into the same bank account as funds that belong to a different party. Because money is fungible, it is not possible to trace exactly which dollars belong to which party if they reside in the same bank account.

Post date: Wednesday, June 21, 2017

On May 15, 2017, the Supreme Court in Midland Funding, LLC v.

Post date: Wednesday, June 21, 2017

When the trustee of a bankrupt company sues to avoid allegedly fraudulent transfers, one threshold element that he or she must generally show is that the transfer left the debtor with “unreasonably small capital.” Recent appeals in the SemCrude and Adelphia bankruptcy cases demonstrate that this a tough showing to make.

Post date: Wednesday, June 21, 2017

Section 544(b)(1) of the Code enables a trustee to “avoid any transfer of an interest of the debtor in property or any obligation incurred by the debtor that is voidable under applicable law by a creditor holding an unsecured claim that is allowable under section 502....”[1] Pursuant to § 544(b), a truste

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

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Mrs. Julia Di Fiore Byrne
Co-Chair
Reid Collins & Tsai LLP
Austin, TX
(512) 647-6132

Ms. Alyson M. Fiedler, Esq.
Co-Chair
Ice Miller LLC
New York, NY
(212) 835-6315

Mr. Simon Dickson
Education Director
Mourant Ozannes
Camana Bay,


Ms. Samantha Oppenheim
Newsletter Editor
Jones Walker
New Orleans, LA
(504) 582-8641

Mr. Michael Shanahan
Special Projects Leader
Alvarez & Marsal
Philadelphia, PA
(610) 715-1313

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