News Topic: Substantive Law

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 ... Read full article

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.  ... Read full article

A recent case that provides great practical lessons both for counsel and bankruptcy criminal defendants denied a defendant's motion to dismiss an indictment under circumstances where an alleged plea agreement on misdemeanor charges could not be ... Read full article

The U.S. District Court for the Middle District of Florida denied the request of a bankruptcy fraud defendant to modify the terms of his supervised released.  David Griffin was convicted, in connection a mortgage rescue scheme, of bankruptcy fraud and ... Read full article

The Third Circuit recently remanded the case of a bankruptcy fraud defendant for re-sentencing on the ground that the district court failed adequately to explain how it applied the statutory sentencing factors in 18 U.S.C. 3553(a) and failed to explain ... Read full article

Former Uber Technologies engineer Anthony Scott Levandowski has requested court approval in his chapter 11 bankruptcy case to employ a criminal defense firm as special counsel.  Both Google and the Office of the United States Trustee (UST) filed replies.  ... Read full article

Does a false declaration made knowingly and fraudulenly in a bankruptcy case need to be "material" to constitute a bankruptcy crime?  The statute prohibiting such statements (18 U.S.C. ... Read full article