Commercial Fraud

Secured Party Sales: Fraudulent Conveyances?

Secured creditors routinely foreclose upon and sell personal property under Article 9 of the Uniform Commercial Code (UCC), mindful of the requirement that they must do so in a “commercially reasonable” manner. UCC §§9-607 and 9-610.

Two Recent Second Circuit Cases Involving “Fraudulent” Debtors

In November 2006, the U.S. Court of Appeals for the Second Circuit decided two cases involving debtors that had been found to have engaged in fraudulent activity prior to the bankruptcy case. In Musso v.

Comprehensive List of “Best Practices” Relating to the Forensic Acquisition, Examination, Presentation and Preservation of Computers and Electronically-Stored Data (ESI) in Bankruptcy Cases ©

One should take care and consider the appropriate technical and legal aspects for a debtor case using established digital/computer forensic methodologies. Every debtor case needs to be tailored to the facts and circumstances related to the information technologies used, and this cannot necessarily be pre-fabricated.

Domestically Avoiding International Fraudulent Conveyances—Can It Be Done? The Answer Is Far From Certain

Introduction

Some Musings on Fraud in Bankruptcy Cases

I am sure that I am not alone in noticing that my commercial-corporate bankruptcy practice has involved a far greater number of fraud cases than I ever anticipated.

18 U.S.C. §157 Criminalizing “Fraudulent Involuntary Bankruptcy Petitions”

dments in italics):

Bankruptcy fraud

A Short History of First International Bank of Grenada

It was a call from one of the firm’s Caribbean practices that launched me on a totally unexpected but immensely engaging part of my career.

20 Question for Surviving the “Digital Age”1

1. Does your firm protect confidential and “privileged” electronic information?
2. How many laptops has your firm “lost” during the past five years?
3. Does your firm use encryption to protect documents, e-mails, hard drives and off-line storage?
4. How does your firm protect electronic information subject to nondisclosure agreements (NDA)?

Fourth Circuit Upholds Bankruptcy Court’s Authority to Avoid a Fraudulent Transfer of Foreign Real Property

The Presumption Against Extraterritoriality and Doctrine of International Comity

Identity Theft & Bankruptcy Fraud

Although identity theft is one of the fastest growing crimes in the country, significant steps are being taken to address and combat this insidious problem. Through the Debtor Identification Program, the United States Trustee Program attempts to ensure that the bankruptcy process is not used to perpetrate or further identity theft.