Fraud Bankruptcies: Overview | Practical Law
A Practice Note discussing fraud-based bankruptcy cases. This note addresses the key parties and considerations in bankruptcies resulting from a debtor's actual or alleged fraud or misconduct including bankruptcy disclosure, discovery, and asset recovery tools; cross-border considerations; the risk of conversion, dismissal, or appointment of a trustee or examiner; exceptions to the automatic stay for criminal and certain governmental actions; bankruptcy fraud statutes; D&O considerations; claim disallowance and subordination; denial of a Chapter 7 discharge based on fraud; and nondischargeable debts in individual bankruptcy cases, among other issues.