The term “fraudulent insolvency” needs explaining before we go any further: It is an insolvency either caused by or involving criminal acts.
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When looking for evidence of fraudulent intent, lack of good faith or lack of equivalent value, two recent cases involving fraudulent conveyance actions brought un
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art I of this four-part series discussed, in general terms, the prohibition of collusion in bankruptcy sales under section 363(n) of the Bankruptcy Code.
I find it interesting that a lifetime of experience can lead you to a point where what you’ve mastered has an impact on a whole new segment of an industry you’ve not considered.
Cases—like seasons—come and go. What remains is the indelible mark left by the professional footprint of counsel. Long after the mediation is concluded, the plan confirmed, the jury discharged, the defendant sentenced, the loan closed, the adoption granted and file retired, there will remain both intended and unintended impressions and appreciations of the parties and their counsel.
Please note that this article was created in cooperation with the Commercial Fraud Task Force committee.
Please note that this article was created in cooperation with the Commercial Fraud Task Force committee.
Historically, a credit bid in a chapter 11 asset sale pursuant to 11 U.S.C.
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This article is the second in a series of articles discussing 363(n) and collusion in bankruptcy sales.
The wrongdoer has absconded with millions of dollars. Bad news – your defendant is out of the country, you don’t know where or whether there are assets.
