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ABI Journal

Commercial Fraud

Kirschner Decision

In a 4-3 decision,[1] New York’s highest court rejected requests by a litigation trustee and derivative plaintiff (collectively, the “pla

An Update: Madoff Proceedings and Trustee's Suit Against the Fairfield Defendants

It has been nearly two years since Bernie Madoff was arrested in his Manhattan home and criminally charged with a multi-billion dollar securities fraud scheme operated through the investment advisory unit of Bernard L. Madoff Investment Securities LLC (BLMIS). Madoff spent decades building the world’s largest Ponzi scheme, so what has been going on since the appointment of Irving Picard as liquidating trustee in December 2008? As one could imagine, quite a lot.

Kirschner Decision

In a 4-3 decision,[1] New York’s highest court rejected requests by a litigation trustee and derivative plaintiff (collectively, the “pla

Subsection 5(b) of the Uniform Fraudulent Transfers Act: An Underused Creditors' Remedy?

Have you encountered this situation? You represent a judgment creditor and, in the course of collecting a judgment, you discover that all of the judgment debtor’s assets are subject to a security interest in favor of the judgment debtor’s principal.

In re Eckert: A Primer for Prosecuting Fraudulent Transfers

Obtaining Payment from Debtors Who Abuse the Protection of Incorporation

Is “Springfield” A Mine Field?

Recently, in In re Enron Corp., et al., v. Springfield Associates, L.L.C. et al., (In re Enron) 2007 WL 2446498 (S.D.N.Y.), (Springfield) the U.S. District Court for the Southern District of New York differentiated between traded claims, which can be the subject of equitable subordination actions, under 11 U.S.C.

New Committee Co-Chairs and Leadership Positions Announced

ABI is pleased to announce your 2008-2009 co-chairs, as well as the addition of five new leadership positions.  These new positions are a result of your feedback regarding opportunities for involvement and advancement in the association.  The first position is that of the Education Director, who will assist the chairs in coordinating and administering the educational programs each year at the Annual Spring Meeting and