Commercial Fraud Committee
Committees
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.
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.
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.
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.
In the case of Irving H. Picard, Trustee v. Frank J. Avellino, et al. (In re Bernard L.
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.
Have you ever had the unfortunate experience of losing a smartphone? Has your car ever been taken for a joy-ride? Has your home been burglarized? Fortunately, in the digital age we have the benefit of sophisticated technology and software applications that can be used to track down the whereabouts of our prized possessions.
Most of the recent commentary around the Supreme Court’s Husky International Electronics Inc. v.
In Picard v. Legacy Capital Ltd.,[1] the U.S. Bankruptcy Court for the Southern District of New York recently set forth the burden of pleading fraudulent transfers in bankruptcy cases decided under the Securities Investor Protection Act (SIPA).
Mrs. Julia Di Fiore Byrne
Co-Chair
Reid Collins & Tsai LLP
Austin, TX
(512) 647-6132
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
Co-Chair
Ice Miller LLC
New York, NY
(212) 835-6315
Mr. Simon Dickson
Education Director
Mourant Ozannes
Camana Bay,
Education Director
Mourant Ozannes
Camana Bay,
Ms. Samantha Oppenheim
Newsletter Editor
Jones Walker
New Orleans, LA
(504) 582-8641
Newsletter Editor
Jones Walker
New Orleans, LA
(504) 582-8641
Mr. Michael Shanahan
Special Projects Leader
Alvarez & Marsal
Philadelphia, PA
(610) 715-1313
Special Projects Leader
Alvarez & Marsal
Philadelphia, PA
(610) 715-1313