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OnDemand Course

Recognizing and Addressing Fraud in Bankruptcy Cases

Learn how to properly recognize and address fraud in a bankruptcy case.

This topic is geared for anyone who doubts the bona fides of a bankruptcy case. It addresses the questions practitioners raise when an adverse party files for bankruptcy. More importantly it provides the framework for clarifying those questions and the tools for answering them. Then, it provides strategies for using the information obtained. Finally, it addresses what to do when your client commits fraud on your watch.

93 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Frauds in Bankruptcy Cases

  • Hiding Assets
  • Diverting Assets
  • False Testimony
  • False Record Keeping
  • Hiding Records
  • Bribery
  • Collusive Auctions

Bankruptcy Crimes

  • 18 U.S.C. § 152 - Concealment of Assets; False Oaths and Claims; Bribery
  • 18 U.S.C. § 153 - Embezzlement Against the Estate
  • 18 U.S.C. § 154 - Adverse Interest and Conduct of Officers
  • 18 U.S.C. § 155- Fee Agreements in Cases Under Title 11 and Receiverships
  • 18 U.S.C. § 156- Knowing Disregard of Bankruptcy Law or Rule
  • 18 U.S.C. § 157- Bankruptcy Fraud
  • 18 U.S.C. § 1961- RICO
  • 18 U.S.C. § 3284 - Concealment of Bankrupt's Assets

Using Bankruptcy to Accomplish Frauds

  • Bust out Schemes
  • Laundering Transactions
  • Bankruptcy to Hide a Fraud
  • Equity Skimming
  • Hijacking
  • Racketeering

Methods for Detecting Fraud

  • 11 U.S.C. §§ 341 - First Meeting of Creditors, Examination of the Debtor
  • 11 U.S.C. § 521 - Debtor's Duties - Schedules and Statements
  • Fed.R.Bankr.P. 2004 - Examination:
  • Fed.R.Bankr.P. 2005 - Apprehension and Removal of Debtor to Compel
  • Attendance for Examination
  • 11 U.S.C. § 344 - Self Incrimination; Immunity (and Its Uses)
  • Fed.R.Bankr.P. 2002 - Notices
  • Adversary Proceedings
  • 18 U.S.C. § 3284 - Concealment of Bankrupt's Assets
  • 18 U.S.C. § 3057- Bankruptcy Investigation

Civil Consequences and Remedies for Bankruptcy Frauds

  • 11 U.S.C. § 1112 Conversion of Case
  • 11 U.S.C. § 1104 Appoint of Chapter 11 Trustee
  • 11 U.S.C. §§ 544 and 548 Avoiding Pre-Petition Fraudulent Transfers
  • 11 U.S.C. § 549 Voiding Postpetition Transactions
  • 11 U.S.C. § 727 Denial of Discharge
  • 11 U.S.C. § 523 Denying Discharge of Individual Claims
  • 11 U.S.C. § 510( c ) Equitable Subordination
  • 11 U.S.C. § 1961 Civil RICO
  • Common Law Fraud Actions
  • Involuntary Petitions
  • Ethical Ramifications

Criminal Consequences and Remedies for Bankruptcy Frauds

  • Referral to the United States Trustee
  • Referral to Other Government Agencies

What to Do When It's Your Client

  • Initial Interviews
  • Preparing Schedules and Statements
  • Detection
  • Response
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More Program Information

Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on January 21, 2020.

Call 1-866-352-9540 for further credit information.

  • ACFE 1.8
     
  • This program may qualify for 1.8 compliance or recertification CPE(s) through the Association of Certified Fraud Examiners (ACFE). Please visit the ACFE website for further clarification: https://www.acfe.com/maintaining-fields-of-study.aspx.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • NC CLE 1.5
     
  • This program has been approved by the North Carolina State Bar Board of Continuing Legal Education for 1.5 CLE hours.
     
  • NM CLE 1.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
     
  • OR CLE 1.5
     
  • Approved for 1.5 CLE credits in Oregon.
     
  • VA CLE 1.5
     
  • This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.5 CLE credit hours.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.

This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Wayne Greenwald

Wayne Greenwald

Wayne Greewald, P.C.

  • Decades of experience in all aspects of bankruptcy practice
  • Recognized for his curious niche where bankruptcy and criminality meet
  • Chaired the American Bankruptcy Institute’s Commercial Fraud Task Force and appears on an ABI panel discussing what to do when your client’s problem extends beyond bankruptcy and chairs the Federal Bar Association’s, SDNY Chapter, Bankruptcy Committee
  • Writing a treatise on involuntary bankruptcy petitions, on which he lectures
  • Frequent speaker and published author
  • Recently represented 800 consumer-fraud creditors in Ditech Holding Corporation’s mega chapter 11 case
  • He helped to obtain a separate Consumer Creditors’ Committee and denial of the debtor’s second amended plan of reorganization The decision denying confirmation notes his oral argument that 18 U.S.C. § 157 prohibits against using a bankruptcy case to further a fraudulent scheme precluded confirmation
  • Recognized as a multiyear New York Super Lawyer and fellow in the center for international legal studies and in addition the National Coalition of Concerned Legal Professionals honored him for his work
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Pay once and get a full year of unlimited training in any format, any time!


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Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 406911
Published 2020
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