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The committee met at the Winter Leadership Conference at the Westin Mission Hills Resort in Rancho Mirage, Calif., on Dec. 8, 2007. Conducting the meeting on behalf of the Asset Sales Committee was Weston Anson and Daryl Martin of CONSOR.
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.
Personal Bankruptcy Hell:[1]
Your Client’s Worst Nightmare
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.
Section 365(f) of the Bankruptcy Code permits a debtor to assume and assign an executory contract so long as adequate assurance of future performance is provided to the nondebtor party. However, the phrase “adequate assurance of future performance” is not defined in the Bankruptcy Code, and thus courts must interpret its meaning.
With bankruptcy filings back on the rise, it’s natural for the more efficiency-minded among us to look for ways in which to speed along the restructuring process. Boilerplate notice provisions in court orders are a common method for accomplishing this task, helping speed cases along to conclusion.
Bankruptcy Judge Jeff Bohm of the U.S.
