Substantive Law

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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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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Disputed Plea Agreement Not Enforceable in Bankruptcy Fraud Case

05/17/20

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 proven and was never accepted by the court.

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Bankruptcy Fraud Defendant Barred from Working in Real Estate Field Not Entitled to Relief

05/16/20

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 making a false material statement under oath during a section 341(a) meeting of creditors.  He was sentenced to concurrent 36 month terms in prison, followed by concurrent 36 month terms of supervised release. 

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Third Circuit Remands For Resentencing Case of Bankruptcy Fraud Defendant - District Court Failed to Explain Sentence

05/15/20

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 it's ruling on the defendant's objection to the restitution amount.  The unpublished decision in United States v. Jackson, No. 19-1579 (3rd Cir. March 30, 2020) (slip op.) (here).

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Former Uber Engineer Under Indictment Requests Bankruptcy Court Approval to Retain Special Criminal Counsel

05/15/20

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.  A hearing on the motion is scheduled for May 21. 

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District court vacates conviction for not disclosing closed bank account; held false statement not material

11/06/08

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.

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District court vacates conviction for not disclosing closed bank account; held false statement not material

11/06/08

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.

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