Courts wrestle with applying Husky to except from an individual’s discharge creditor claims involving fraud or fraudulent transfers. Some courts carve a narrow path, while others take the opinion at its fullest meaning, suggesting a broad new cause of action for nondischargeability. This is especially true for directors and officers who use their control of nondebtor entities to benefit from fraudulent activity, including actual and constructive fraudulent transfers. Such actions also give rise to related breach of fiduciary duty claims and aiding-and-abetting liability that likewise could prove to be nondischargeable. The panelists will debate claims and defenses based on the evolving case law, and share their views on what lies next.
Friday, July 27
Noon - 1:15 pm ET
This webinar is free to attend and CLE is available to members in qualifying states.*
Leslie A. Berkoff
Moritt Hock & Hamroff LLP;
Garden City, NY
Candice L. Kline
Carpenter Lipps & Leland LLP;
Patrick S. Scott
Gray Robinson, PA;
Fort Lauderdale, Fla.
*1 hour of general CLE credit is available in the following pre-approved 60-minute-hour and 50-minute-hour states: AK, AL, AR, CA, DE, GA, IL, MO, NJ, PA, SC, TN, TX, VT, WI and WV. These states follow an approved jurisdiction policy: AZ, CO, CT, NH, NY. ABI will submit attendance to DE, IL, PA, TN and TX; for the remaining jurisdictions, attorneys will need to self-submit. For those jurisdictions not listed, ABI will issue certificates for attorneys to self-submit for approval. ABI charges an administrative fee of $5 for Members and $25 for non-members upon requesting CLE credit for this program.
Further details will be provided the day of the event.
Join ABI and international partners INSOL International, TMA-Europe, International Insolvency Institute and IWIRC for two days of global bankruptcy education and networking in beautiful Milan, Italy. Dr. Ulriike Guérot, founder and director of the European Democracy Lab, will present a keynote on Europe's future. The program will also feature discussions on recent cases by U.S. Bankruptcy Judges Shelley Chapman (S.D.N.Y.) and Kevin Carey (D. Del.).
Serviced by two airports and easily accessed by train, Milan is a global capital of fashion and design. Explore the city, home to the national stock exchange and known for its local food and wine culture, from our centrally-located luxury hotel. Join us this October for a high quality program and unique cultural exchange with senior insolvency professionals from Europe and the U.S.