Fraud

Hosted by Bankruptcy Litigation & Real Estate Committees

Fraud is an ever-present concern in bankruptcy cases, manifesting in various forms from False Claims Act violations to Ponzi schemes. This panel will provide practical tips and strategies for identifying, addressing and litigating fraud in the bankruptcy context.

Beyond a general overview of the fraudulent transfer elements under state law and the Bankruptcy Code, this panel will dissect recent fraud-related litigation topics and share personal experiences in representing and adjudicating such matters. Understanding who may be the subject of a fraudulent claim in bankruptcy, when a fraudulent transfer claim may arise, the ever-developing defenses to fraud, and the consequences for not complying with fraud-related discovery are just some of the issues that will be addressed in this panel.

This session will focus on various aspects of bringing and litigating multi-count causes of action springing from fraud, and how to uncover hidden assets in the context of fraud-based avoidance actions.

In this session, an FBI agent, a U.S. attorney, an Assistant U.S. Trustee and a bankruptcy trustee will discuss the who, what, when and why of bankruptcy crimes, including the relationship between a criminal prosecution and a contemporaneous bankruptcy case or cases involving the criminal defendants, either as principals of the debtor or the debtors themselves.

This panel will provide an interactive presentation focused on litigating fraud in consumer cases under §§ 523 and 727. The panelists will focus on collateral estoppel issues, procedural considerations, tips for discovery and the development of relevant evidence, and will provide practical advice about handling these cases before the courts.