Enforcing Creditor Rights and Protecting Recoveries from the Fraudulent Debtor

Expired

Program Number

3028

Program Date

2020-02-26

CLE Credits

When evidence of fraud first surfaces, creditors must act quickly to preserve the chance of recovery and protect their investments. That diligence and decisive action becomes increasingly important when a debtor whether a customer, vendor, business partner or other counterpart threatens or commences bankruptcy proceedings, where the possibilities of securing a recovery can swiftly dissipate. From self-help and provisional remedies, to the appointment of independent fiduciaries, to investigatory tactics and coordination with law enforcement, our panel will provide insight and analysis on actions creditors can take both before and during insolvency proceedings to maximize the chances of recovering from the fraudulent debtor and its assets. The panel will also explore the obstacles debtors commonly place in the road to recovery, and suggestions for overcoming those challenges.