BankruptcyFraudResourceCenter

Man Convicted of Economic Espionage and Bankruptcy Fraud Requests Early Release From Prison

06/03/20

Former businessman, Walter Liew, 62, who was convicted of making false statements in bankruptcy along with several offenses related to trade secrets and economic espionage, has requested that a federal court in Oakland, CA allow him to serve the remainder of his sentence in home confinement.  The case is United States v. Liew, No.

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Attorney Convicted of Embezzling Estate Funds Denied Compassionate Release Pending Sentencing

05/30/20

The U.S. District Court for the Eastern District of Ohio denied a request by John W.

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District Court Orders U.S. Marshall to Arrest and Incarcerate Debtors Held in Civil Contempt

05/29/20

The U.S. District Court for the District of Nebraska took the unusual step of directing the U.S. Marshall to located, arrest and incarcerate two pro se debtors found in civil contempt for repeatedly failing to obey orders of a Nebraska bankruptcy court.  The case is In re Berg, No. 8:19-cv-00452. 

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Compassionate Release Denied to Bankruptcy Fraud Defendant In Kentucky Federal Prison

05/28/20

A bankruptcy fraud defendant who "relie[d] entirely on the generalized threat of COVID-19" and "failed to explain why he is particularly vulnerable to it" is not entitled to compassionate release under the First Step Act, ruled a federal court in Indiana. 

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Bankruptcy Attorneys Compelled to Disclose Name of Client as Court Holds Attorney-Client Privilege Inapplicable

05/26/20

A South Carolina bankruptcy court last week ordered a local law firm to disclose the names of bankruptcy clients amidst a discovery dispute with the U.S. Trustee.  The attorney-client privilege, the court held, does not apply to information disclosed for the purpose of filing a bankruptcy petition or assembling the schedules because the information, ultimately, is intended to be publicly disclosed.  The U.S.

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Advice of Counsel Defense Negates Fraudulent Intent in False Oath Case

05/25/20

A North Carolina Bankruptcy Court recently upheld the advice of counsel defense to allegations that a debtor knowingly and fraudulently made a false oath in bankruptcy, confirming once again that debtors who reasonably act, after full disclosure to their attorneys, on the advice of counsel do not intend to deceive or cheat creditors.  The case, DFWMM Holdings, LLC v. Richmond (In re Richmond), Case No. 17-11413; Adv Proc. No. 18-02010 (Bankr. M.D. N.C.

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Bankruptcy Court Approves Levandowski's Retention of Special Criminal Counsel in Chapter 11 Case

05/23/20

Updating an earlier post (here) on Anthony Levandowski's request for bankruptcy court approval to retain special criminal counsel in his chapter 11 bankruptcy case, it appears that U.S. Bankruptcy Judge Hannah L. Blumenstiel approved the retention.  According to the docket in In re Anthony Scott Levandowski, Case No.

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Counsel Not "Compelled" to Turn Over Files of Former Bankruptcy Fraud Client for Habeas Petition

05/20/20

The U.S. District Court for the District of Minnesota recently denied a motion to compel a bankruptcy fraud defendant's former attorney to turn over his case file to assist the former-client in preparing an anticipated habeas petition. 

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Bankruptcy Judge Makes Criminal Referral of Serial Filer Who Duped Counsel into Filing Case in Ex-Wife's Name

05/19/20

A serial bankruptcy filer was criminally referred to the U.S. Attorney's Office in the Northern District of Texas in connection with an alleged and convoluted series of bankruptcy filings in his own and his ex-wife's name in order to stay pending foreclosure proceedings.  U.S.

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Bankruptcy Attorney Guilty of Embezzlement Furloughed From Prison Amid COVID-19 Pandemic

05/18/20

The Bureau of Prisons (BOP) furloughed a former bankruptcy lawyer serving a 63 month sentence following a guilty plea to several bankruptcy crimes.  Peter Ressler, 72, pled guilty in 2017 to wire fraud (18 U.S.C. 1343), embezzlement from a bankruptcy estate (18 U.S.C. 154), and bankruptcy fraud (18 U.S.C. 157). 

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