Date: September 10, 2019
Time: 1:00PM - 2:30PM
Joe Dunn will speak on the Strafford webinar, “Navigating Fraud Issues in Bankruptcy: Enforcing Creditor Rights and Protecting Recoveries.”
When allegations of fraud arise in the insolvency context, individuals and entities are often forced to navigate a variety of pre-bankruptcy issues, including investigations, creation of special board committees, assessing insurance coverage, litigation planning, and assessing what provisional remedies may be available to creditors.
Once a debtor commences bankruptcy proceedings, creditors and other victims of fraud may take a variety of actions, including seeking the appointment of a trustee or examiner (with or without expanded powers), consensually replacing management with a CRO, pursuing claims against third parties (such as officers and directors or recipients of fraudulent transfers), and filing an objection to discharge in the case of an individual debtor.
Finally, lack of standing and other common defenses, such as in pari delicto, may serve as obstacles in the nuanced context of fraud-based insolvency litigation. This panel will provide insight and analysis on considerations for debtors and creditors where there is reason to believe a fraud has been committed.
The panel will review these and other important issues:
• What are the critical pre-bankruptcy issues facing individual and corporate parties when there is reason to believe a fraud has been committed?
• Once a debtor commences bankruptcy proceedings, what steps can it take to mitigate the harm to a going concern?
• What are the trends in asset recovery litigation in which the in pari delicto