Commercial Fraud Committee


Post date: Tuesday, November 22, 2016

A string of recent email and media account scams[1] remind us that fraudsters are constantly looking for gullible victims, whether lawyers or clients, to scam in seemingly legitimate schemes. Folks in financial distress are excellent targets. Here are several examples to watch for and to caution clients against.

Post date: Tuesday, November 22, 2016
Photo of Daniel M. Anderson
Daniel M. Anderson

In a recent decision, the U.S. Bankruptcy Court for the Eastern District of Michigan held that a chapter 11 debtor may pay an unsecured claim in full prior to confirmation in order to moot the creditor’s objection to the debtor’s plan of reorganization and allow confirmation of the plan.

Post date: Wednesday, September 14, 2016

In the case of Irving H. Picard, Trustee v. Frank J. Avellino, et al. (In re Bernard L.

Post date: Wednesday, September 14, 2016
Photo of David P. Leibowitz
David P. Leibowitz

Since 2009, I have served as a bankruptcy trustee for the estate of Kevin Carney, a Ponzi fraudster. Carney stole over $10 million from close to 200 people, most of whom were people of modest means.

Post date: Wednesday, September 14, 2016
Photo of Richard A. Collura
Richard A. Collura

Have you ever had the unfortunate experience of losing a smartphone? Has your car ever been taken for a joy-ride? Has your home been burglarized? Fortunately, in the digital age we have the benefit of sophisticated technology and software applications that can be used to track down the whereabouts of our prized possessions.

Post date: Friday, July 15, 2016

Most of the recent commentary around the Supreme Court’s Husky International Electronics Inc. v.

Post date: Friday, July 15, 2016

In Picard v. Legacy Capital Ltd.,[1] the U.S. Bankruptcy Court for the Southern District of New York recently set forth the burden of pleading fraudulent transfers in bankruptcy cases decided under the Securities Investor Protection Act (SIPA).

Post date: Friday, June 24, 2016
Photo of Stephen C. Stapleton
Stephen C. Stapleton

[1]The in pari delicto defense is a state law-based equitable defense designed to prevent a plaintiff from pursuing damages resulting from wrongful conduct in which the plaintiff itself is complicit.

Post date: Friday, June 24, 2016

On Sept. 22, 2011, Charlene Milbury filed for chapter 7 bankruptcy protection in the Central District of California,[1] starting the clock on a two-year period for the commencement of avoidance actions by the trustee. The debtor was the sole owner of a materials-hauling business known as Charlene’s Transportation Inc.


Mr. Nathaniel J. Palmer
Reid Collins & Tsai LLP
Austin, TX
(512) 647-6107

Mr. Christian A. Pereyda
Maynard Nexsen PC
Birmingham, AL
(205) 254-1854

Ms. Alyson M. Fiedler, Esq.
Education Director
Ice Miller LLC
New York, NY
(212) 835-6315

Mr. Aaron M. Kaufman
Special Projects Leader
Gray Reed LLP
Dallas, TX
(469) 320-6050

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