Show navigation

Available in:

Audio & Reference Manual
MP3 Download

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.
Purchase Options

More Program Information

Why Lorman?

Over 33 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
Purchase Options

More Program Information

Why Lorman?

Over 33 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

Audio & Reference Manual

  • AK CLE 1.5
     
  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • OR CLE 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
  • WY CLE 1.5
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

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

MP3 Download

  • AK CLE 1.5
     
  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • OR CLE 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
  • WY CLE 1.5
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

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

Purchase Options

More Program Information

Why Lorman?

Over 33 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
Purchase Options

More Program Information

Why Lorman?

Over 33 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.

All of your training, right here at Lorman.

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

  • Live Webinars
  • OnDemand Webinars
  • MP3 Downloads
  • Course Manuals
  • Audio Recordings*
  • Executive Reports
  • White Papers and Articles
  • Sponsored Live Webinars

Additional benefits include:

  • State Specific Credit Tracker
  • Members Only Newsletter
  • All-Access Pass Course Concierge

* For audio recordings you only pay shipping

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

Sign Up Today
With This Course

Access to all training products for one year
$699/year

Unlimited Lorman Training

With the All-Access Pass there is no guessing what you will need for your yearly training budget. $699 will cover all of your training needs for an entire year!

Easy Registrations

Once you purchase your All-Access Pass you will never be any further than one-click away from attending any Lorman training course.

Invest in Yourself

You haven't gotten to where you are professionally by luck alone; it's taken a lot of hard work and training. Invest in yourself with the All-Access Pass.

Product ID: 406911
Published 2020
Purchase Options

Available in Multiple Formats

Purchase this course and learn on your schedule!