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    Bankruptcy filing by the Public Prosecutor: the latest decisions by the Court of Cassation
    2017-09-28

    The Court with two recent decisions (6 April 2017, No. 8903 and 13 April 2017, No. 9547) confirmed that the Public Prosecutor is entitled to file for bankruptcy also in case he became aware of the insolvency in the course of a probe regarding other companies or individuals and within the concordato preventivo procedure.

    The case

    Filed under:
    Italy, Insolvency & Restructuring, Litigation, White Collar Crime, Nctm Studio Legale, Bankruptcy, Debtor, Embezzlement, Italian Supreme Court of Cassation
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    Federal Insurance Company v. Woods (In re Woods)
    2016-09-26

    (Bankr. W.D. Ky. Sep. 16, 2016)

    Filed under:
    USA, Kentucky, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Debtor, Fraud, Debt, Embezzlement, US Code, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Second Circuit affirms dismissal in Madoff-related investor action
    2010-10-29

    The U.S. Court of Appeals for the Second Circuit affirmed the U.S. Bankruptcy Court for the Southern District of New York’s dismissal of a complaint brought by Rosenman Family, LLC, an investor with Bernard L. Madoff Investment Securities LLC (BLMIS), against the trustee of BLMIS’s estate. The complaint alleged that Rosenman was entitled to a return of $10 million it wired to BLMIS, because, Rosenman argued, the funds were stolen or embezzled by BLMIS and thus never became BLMIS’s property and/or part of BLMIS’s bankruptcy estate.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Katten Muchin Rosenman LLP, Bankruptcy, Security (finance), Interest, Limited liability company, Investment funds, Embezzlement, Westlaw, Trustee, Second Circuit, United States bankruptcy court
    Authors:
    Jonathan Rotenberg
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Judgment on willful and malicious trade secret claim is not dischargeable in bankruptcy
    2013-10-09

    Bankruptcy is intended to provide a fresh start and discharge outstanding debt.  But some debt is not dischargeable in bankruptcy.  A Virginia bankruptcy court held last week that a judgment against the debtor for intentional trade secret misappropriation is not dischargeable.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Seyfarth Shaw LLP, Bankruptcy, Debtor, Injunction, Embezzlement, US Code
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    Severe consequences for franchisor executives: personal liability and non-dischargeable debt
    2013-07-24

    “Do not pass Go, do not collect $200” is a phrase we all remember from the childhood game Monopoly.  Like Monopoly, state franchise sales laws have rules and regulations that must be followed.  A franchisor’s failure to follow these basic procedural rules for selling franchises can result in self-destruction. 

    Filed under:
    USA, Franchising, Insolvency & Restructuring, Litigation, Whiteford Taylor & Preston LLP, Fiduciary, Prospectus (finance), Embezzlement, United States bankruptcy court
    Authors:
    David L. Cahn
    Location:
    USA
    Firm:
    Whiteford Taylor & Preston LLP
    R&R Capital, LLC v. Merritt
    2009-09-03

    C.A. No. 3989-CC (Del. Ch. Sept. 3, 2009)

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, White Collar Crime, Potter Anderson & Corroon LLP, Fraud, Res judicata and issue estoppel, Liquidation, Estoppel, Embezzlement, Gross negligence, Collateral estoppel, Court of Chancery, Delaware Court of Chancery, Delaware Supreme Court
    Location:
    USA
    Firm:
    Potter Anderson & Corroon LLP
    Federal Insurance Company v. Woods (In re Woods)
    2016-09-26

    (Bankr. W.D. Ky. Sep. 16, 2016)

    Filed under:
    USA, Kentucky, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Debtor, Fraud, Debt, Embezzlement, US Code, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Second Circuit affirms dismissal in Madoff-related investor action
    2010-10-29

    The U.S. Court of Appeals for the Second Circuit affirmed the U.S. Bankruptcy Court for the Southern District of New York’s dismissal of a complaint brought by Rosenman Family, LLC, an investor with Bernard L. Madoff Investment Securities LLC (BLMIS), against the trustee of BLMIS’s estate. The complaint alleged that Rosenman was entitled to a return of $10 million it wired to BLMIS, because, Rosenman argued, the funds were stolen or embezzled by BLMIS and thus never became BLMIS’s property and/or part of BLMIS’s bankruptcy estate.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Katten Muchin Rosenman LLP, Bankruptcy, Security (finance), Interest, Limited liability company, Investment funds, Embezzlement, Westlaw, Second Circuit, United States bankruptcy court, Trustee
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
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