Legal Issues — Fraud
First Circuit Rules on Debtor’s Right to Exempt Fraudulently Conveyed Property
On April 1, 2009, the Court of Appeals for the First Circuit became the first federal circuit court to publish a decision on the right of a debtor to exempt property that the debtor fraudulently conveyed prior to filing bankruptcy.
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Fraud in Today’s Economy for Lenders and Lessors
Look Out for the Many Warning Signs
When it comes to fraud, here’s the bottom line: fraud costs lenders and lessors millions of dollars every year. The key to fraud prevention is diligence, diligence and more diligence. For this year’s Risk Management and Fraud Prevention issue, Andrew Alper reminds readers to look out for the many “badges” of fraud.
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When Identity Theft Strikes: Knowing Your Rights as a Creditor
Identity theft has become quite common — but what can creditors do when it strikes? This installment focuses on two areas: The first discusses fraud prevention methods and red flags, which can help creditors from funding transactions tainted by identity theft. The second discusses creditor rights when contacted by legal counsel with a claim that an individual obligor’s identity has been stolen.
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Alleged Fraudulent Inducement
Lessees’ Tactics to Avoid the ‘Hell or High Water’ Clause
This edition of Dispatches discusses the “hell or high water” clause. Any lessor that has ever had to defend a claim of defective equipment should be aware of the various tricks counsel uses to avoid the infamous clause. This article uses Georgia’s Colonial Pacific case to provide a detailed analysis of such an attack.
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