Criminal Prosecution, Bankruptcy Court, Bankruptcy Code

What To Do When You Expect a Debtor Has Committed Bankruptcy Fraud

Patterson Belknap Webb & Tyler LLP on 2/28/2025

The U.S. bankruptcy system is generally an efficient mechanism for companies and individuals seeking to restructure their debts and obtain a fresh start. However, the effectiveness of the bankruptcy system relies on integrity...more

Florida Appeals Court Decisions: Week of January 13-17, 2025

Carlton Fields on 1/20/2025

U.S. Eleventh Circuit Court of Appeals - Guan v. Ellingsworth Res CA - bankruptcy - Doty v. State - capital case, postconviction relief - Owens v. State - postconviction relief, multiple motions - Davis v. State -...more

Individuals Charged with Bankruptcy Crimes Are Connected to Controversial Mayor of Dolton, Illinois

Patterson Belknap Webb & Tyler LLP on 8/27/2024

Under federal law, a debtor may be criminally prosecuted for various kinds of misconduct in connection with a bankruptcy case, including concealing assets, falsifying information, embezzlement, or bribery. See 18 U.S.C. §§...more

Eleventh Circuit Upholds Settlement Agreement Obtained Under Threat of Criminal Prosecution

Nelson Mullins Riley & Scarborough LLP on 3/5/2024

It is widely known that federal law criminalizes certain bad acts in connection with bankruptcy cases. See 18 U.S.C. §§ 151—158. For example, 18 U.S.C. § 152 makes it a crime to, among other things, conceal bankruptcy estate...more

40,979 Reasons Not to "Press Charges" Against a Debtor in Bankruptcy

Ward and Smith, P.A. on 8/18/2020

It is a cardinal sin to attempt to collect a debt or repossess collateral after a borrower files bankruptcy. Bankruptcy triggers the automatic stay – a command, not a suggestion, that collection activity ceases. This is a...more

Affirmed: New York’s Application of the In Pari Delicto Doctrine Bars Faithless Servant Claim and Bankruptcy Insider Exception

Cole Schotz on 2/25/2016

A recent decision of the United States District Court for the Southern District of New York (the “District Court”), affirming a decision of the United States Bankruptcy Court for the Southern District of New York (the...more