News & Analysis as of

Fraud Insolvency Commercial Bankruptcy

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 
Ward and Smith, P.A.

Entitled to Stay Relief? Prove it.

Ward and Smith, P.A. on

For example, you make a commercial real estate loan and record your deed of trust. The borrower pays you for a time but then defaults.  You tried loan forbearance and modification, but it was unsuccessful. The borrower falls...more

Pillsbury Winthrop Shaw Pittman LLP

SCOTUS Grants Insurers “Party in Interest” Standing in Chapter 11 Cases

In a rebuke of a common law doctrine that denied insurer standing in chapter 11, the U.S. Supreme Court ruled unanimously that insurers with financial responsibility for claims asserted in bankruptcy are parties in interest...more

Jenner & Block

Compilation of Recent Developments in Bankruptcy Law - January 2023

Jenner & Block on

1. AUTOMATIC STAY - 1.1 Covered Activities - 1.1.a Court declines to enjoin third party claims against the debtor’s jointly liable parent corporation. The debtor manufactured earplugs for many years. A major...more

A&O Shearman

Judge Drain Tackles Private Equity and Fraudulent Transfers in ‘Tops’ Decision

A&O Shearman on

On October 12, the Honorable Robert D. Drain, U.S. Bankruptcy Judge for the Southern District of New York, issued his final decision from the bench in the bankruptcy cases of supermarket chain Tops Holdings II Corporation...more

American Conference Institute (ACI)

[Virtual Event] Fraud, Asset Tracing and Recovery - Geneva - March 23rd - 25th, 12:15 pm - 5:15 pm CET

The 15th Fraud, Asset Tracing & Recovery Conference – Geneva has been reimagined for 2021 and will take place in a virtual format!... The programme will stay true to its raison d’être-continuing to stand apart as the...more

American Conference Institute (ACI)

[Webinar] Virtual Fraud, Asset Tracing & Recovery Miami - October 28th - 30th, 8:30 am - 1:30 pm EDT

C5’s and ACI’s Virtual Fraud, Asset Tracing & Recovery Miami is the quintessential gathering for practitioners located offshore and across the globe. Unlike other events, this programme is your best opportunity to enhance...more

American Conference Institute (ACI)

[Webinar] Fraud and Asset Tracing War Stories - August 11th, 10:00 am - 11:00 am EDT

We invite you to join leading fraud, asset tracing and recovery experts at ACI’s Virtual “War Story” Boardroom - a complimentary, 1-hour webinar for a candid discussion of recent war stories. Don’t miss a worthwhile...more

Latham & Watkins LLP

English Court Confirms International Jurisdiction to Set Aside Transactions Defrauding Creditors

Latham & Watkins LLP on

Section 423 of the Insolvency Act 1986 continues to be a useful tool available to creditors for challenging transactions at an undervalue. Section 423 gives the English court the power to set aside a transaction (most...more

Herbert Smith Freehills Kramer

Debt Dialogue: May 2017 - Lyondell Chemical Company: Litigation Trust’s Fraudulent Conveyance Claims Fail

Just one year after Lyondell Chemical Company (Lyondell) and Basell AF (Basell) consummated a nearly $20 billion merger of their businesses, the merged business of LyondellBasell Industries (LBI) “failed in a colossal...more

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