Fraud

What happens when there is a failure of disclosure in consumer cases? This panel will cover current disclosure requirements, client intake tips regarding disclosure, and the ramifications of failing to disclose (i.e., denial of discharge, bad-faith dismissal, judicial estoppel, criminal prosecution, etc.).

The U.S. Supreme Court will decide three bankruptcy cases this term: (1) Executive Benefits Insurance Agency v. Arkison, which addresses the constitutionality of the district court referral system for bankruptcy cases and consent to jurisdiction where separation of powers is at issue; (2) Clark v. Rameker, which involves the availability of exemptions for inherited IRAs; and (3) Law v. Siegel, which deals with a bankruptcy court’s authority under § 105 to surcharge exemptions.

This panel will discuss the complexities of recovering assets in China, Mexico and Canada, including attachment, perfection and priority issues that are unique in each jurisdiction, and the interplay of foreign registration systems and the Uniform Commercial Code. The panel discussion might include some of the complications involved in owning or being secured by foreign assets, including foreign exchange and other currency restrictions.

Shoveling Through the Dirt of Real Estate Fraud

This panel is devoted to four interrelated topics in Ponzi scheme cases, including (1) distribution methodology issues; (2) criminal vs. civil forfeiture; (3) the tension between U.S. and non-U.S. distribution schemes; and (4) additional issues, including collateral source recovery and the ability to assert personal jurisdiction over extraterritorial plaintiffs to enjoin proceedings that, if brought in the U.S., would violate the automatic stay.