Commercial Fraud Committee

Committees

Post date: Wednesday, June 21, 2017

Commingling of funds frequently occurs in fraud cases and is notably common in Ponzi scheme cases. It occurs when funds belonging to one party are deposited into the same bank account as funds that belong to a different party. Because money is fungible, it is not possible to trace exactly which dollars belong to which party if they reside in the same bank account.

Post date: Wednesday, June 21, 2017

On May 15, 2017, the Supreme Court in Midland Funding, LLC v.

Post date: Wednesday, June 21, 2017

When the trustee of a bankrupt company sues to avoid allegedly fraudulent transfers, one threshold element that he or she must generally show is that the transfer left the debtor with “unreasonably small capital.” Recent appeals in the SemCrude and Adelphia bankruptcy cases demonstrate that this a tough showing to make.

Post date: Wednesday, June 21, 2017

Section 544(b)(1) of the Code enables a trustee to “avoid any transfer of an interest of the debtor in property or any obligation incurred by the debtor that is voidable under applicable law by a creditor holding an unsecured claim that is allowable under section 502....”[1] Pursuant to § 544(b), a truste

Post date: Friday, April 28, 2017
Photo of Daniel M. Anderson
Daniel M. Anderson

In a recent decision, the U.S. Court of Appeals for the Sixth Circuit found itself “obliged to explore some uncharted territory of Ohio substantive and procedural jurisprudence” arising out of fraudulent transfer and related claims from a Ponzi scheme.

Post date: Tuesday, April 11, 2017

In Meoli v. The Huntington National Bank (In re Teleservices Group Inc.),[1] the U.S.

Post date: Tuesday, April 11, 2017

Section 523(a)(2)(A) of the Bankruptcy Code provides that to the extent a debt is obtained by “false pretenses, a false representation, or actual fraud[,]” it is excepted from discharge.[1] In the past, many courts have read the phrase “false pretenses, a false representation, or actual fraud” as meaning only fraud made through misrepr

Post date: Tuesday, April 11, 2017

In Wiggains v. Reed (In re Wiggains),[1] the Fifth Circuit limited an individual debtor’s Texas homestead exemption claims to $130,675.00[2] under 11 U.S.C.

Post date: Thursday, December 15, 2016
Photo of Kathy Bazoian Phelps
Kathy Bazoian Phelps

The Commercial Fraud Committee had a productive year, producing three webinars, six newsletters, several case law eblasts, and the continuation of the committee-wide conference call program with four calls this year.

Post date: Tuesday, November 22, 2016

It’s widely known that avoidance actions to claw back fraudulent transfers can be filed after the typical four-year limitations period has expired under most states’ versions of the Uniform Fraudulent Transfers Act (or the new Uniform Voidable Transactions Act) by invoking the “discovery rule” in those statutes.

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Mr. Michael D. Napoli
Co-Chair
Akerman LLP
Dallas, TX
(214) 720-4300

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

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

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

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

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