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    Trustee: MF Global creditor claims could top $3 billion
    2012-06-29

    Louis J. Freeh, a former FBI director and the court-appointed creditor trustee in the MF Global bankruptcy, estimates that creditors’ claims could be in excess of $3 billion. In his recent report to the bankruptcy court, Freeh estimates creditors likely include major banks, investors and service providers, potentially leading to 112 claims against MF Global, which collapsed in October 2011.

    Filed under:
    USA, Insolvency & Restructuring, Sedgwick LLP, The New York Times, Trustee
    Authors:
    Jennifer Q. Broda , Matthew M. Ferguson , Jennifer Hamilton , Thomas R. Orofino , Eric C. Scheiner
    Location:
    USA
    Firm:
    Sedgwick LLP
    Picard contends California lawsuit violates federal bankruptcy law
    2012-06-29

    Irving Picard is seeking to block a $270 million state enforcement action brought by California Attorney General Kamala Harris against investment adviser Stanley Chais’ estate. Picard argues that pursuant to federal bankruptcy laws, only the trustee can recoup funds on behalf of Madoff’s former customers. Harris, in turn, contends that her lawsuit is an exception to the federal bankruptcy laws because she is exercising her police powers under state law.

    Filed under:
    USA, California, Insolvency & Restructuring, Sedgwick LLP, California Attorney General
    Authors:
    Jennifer Q. Broda , Matthew M. Ferguson , Jennifer Hamilton , Thomas R. Orofino , Eric C. Scheiner
    Location:
    USA
    Firm:
    Sedgwick LLP
    Madoff trustee targets European private banks with new lawsuits
    2012-06-29

    On June 6, 2012, the trustee liquidating Bernard L. Madoff Investment Securities Inc., Irving Picard, filed new lawsuits in the U.S. Bankruptcy Court in Manhattan against several European private banks. Included in the many new lawsuits he has filed are a complaint seeking $122.2 million against ABN Amro Fund Services Nominees Ltd.; a complaint seeking $108.1 million against Belgian private lender Banque Degroof SA; and two complaints filed against Swiss private banks EFG Bank SA and Lombard Odier Darier Hentsch & Cie, respectively seeking amounts of $354.9 million and $179.4 million.

    Filed under:
    USA, New York, Capital Markets, Insolvency & Restructuring, Litigation, Sedgwick LLP, United States bankruptcy court
    Authors:
    Jennifer Q. Broda , Matthew M. Ferguson , Jennifer Hamilton , Thomas R. Orofino , Eric C. Scheiner
    Location:
    USA
    Firm:
    Sedgwick LLP
    Madoff spouses brought into Picard lawsuit
    2012-05-31

    On May 4, 2012, the trustee liquidating Bernard L. Madoff Investment Securities Inc., Irving Picard, revised his lawsuit against the Madoff family to add as defendants the spouses of Bernard Madoff’s two sons. Picard is seeking $54.5 million in claims for unjust enrichment from Andrew Madoff’s wife, Deborah Madoff, and Mark Madoff’s widow, Stephanie Mack. Picard is also seeking an additional $3 million that was allegedly transferred to Deborah Madoff, Stephanie Mack and Mark Madoff’s first wife, Susan Elkin.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Sedgwick LLP, Unjust enrichment
    Location:
    USA
    Firm:
    Sedgwick LLP
    Madoff costs surpass victim payouts
    2012-05-31

    Madoff trustee Irving Picard is seeking to recoup nearly $65 billion for investors. However, he has only been able to procure approximately $9 billion. Of that $9 billion, approximately $6.4 billion is tied up in challenges, leaving only $2.6 billion for Picard to disburse. Picard has actually paid investors around $330 million, while reserving the remaining $2.3 billion in customer accounts.  

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Sedgwick LLP
    Location:
    USA
    Firm:
    Sedgwick LLP
    Picard seeks recovery from Madoff wives
    2012-04-30

    Irving Picard, the trustee in charge of recovering approximately $20 billion from the Madoff Ponzi scheme, may now seek claims against the wives of Bernard Madoff's two sons according to a recent court order.  Judge Burton Lifland of the U.S.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Sedgwick LLP, Constructive trust, Trustee
    Authors:
    Eric C. Scheiner , Jennifer Q. Broda , Thomas R. Orofino , Jennifer Hamilton , Matthew M. Ferguson
    Location:
    USA
    Firm:
    Sedgwick LLP
    Preventing a windfall: getting a dismissal when plaintiff fails to disclose the claims in bankruptcy
    2012-04-06

    The bankruptcy code provides protection and relief to individuals facing insurmountable debt, but it carries certain obligations and limitations, notably requiring them to list all of their assets, including any claims or potential claims on the schedule of personal assets.   As bankruptcy courts and creditors rely on the debtor's sworn representations to order a discharge of debt, a plaintiff who failed to disclose those claims in a prior or pending bankruptcy action has no standing to later pursue the non-disclosed claims and receive a windfall recovery free and clear of obligat

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Sedgwick LLP, Bankruptcy, Debtor, Fraud, Federal Reporter, Estoppel, United States bankruptcy court, Fifth Circuit
    Authors:
    Karen K. Maston , Stephanie L. Perkins
    Location:
    USA
    Firm:
    Sedgwick LLP
    Picard targets Koch industries in latest lawsuit
    2012-03-06

    In a lawsuit filed in the U.S. Bankruptcy Court for the Southern District of New York against Koch Industries, Inc., Madoff trustee Irving Picard is seeking $21.5 million, representing a return of the profits Koch Industries earned through Madoff's Ponzi scheme.  Specifically, the trustee alleges that a subsidiary of Koch Industries funneled a substantial amount of its clients' funds into Bernard L.

    Filed under:
    USA, New York, Capital Markets, Insolvency & Restructuring, Litigation, Sedgwick LLP, United States bankruptcy court
    Authors:
    Eric C. Scheiner , Jennifer Q. Broda , Thomas R. Orofino , Jennifer Hamilton , Matthew M. Ferguson
    Location:
    USA
    Firm:
    Sedgwick LLP
    Picard seeks injunction against California attorney general
    2012-01-26

    On January 4, 2012, Madoff trustee Irving Picard filed a lawsuit in the U.S.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Sedgwick LLP, California Attorney General, United States bankruptcy court
    Location:
    USA
    Firm:
    Sedgwick LLP
    Madoff trustee Picard seeks $375 million from Credit Suisse
    2011-12-27

    On Monday, December 12, 2011, Madoff trustee Irving Picard filed a lawsuit against Credit Suisse Group AG in the U.S. Bankruptcy Court in Manhattan alleging it and several of its affiliates harbored money that belonged to Madoff's estate.  Specifically, Picard is attempting to recover $375 million, representing funds that were deposited with Credit Suisse through two of Madoff's largest feeder funds, Fairfield Sentry Ltd.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Sedgwick LLP, Credit Suisse, United States bankruptcy court
    Authors:
    Eric C. Scheiner , Jennifer Q. Broda , Thomas R. Orofino , Jennifer Hamilton , Matthew M. Ferguson
    Location:
    USA
    Firm:
    Sedgwick LLP

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