Fraud

Cryptocurrency, Blockchain and Bankruptcy

Cryptocurrency, Blockchain and Bankruptcy By W. Marc Schwartz, Christopher S. Roberts and Kyung S. Lee When “cryptocurrency” and “bankruptcy” are used in the same sentence, one immediately associates the terms with headlines of potential billion-dollar losses suffered

10th Circuit Jul 11, 2024

BAP Holds that Nondischargeability for Actual Fraud Requires Justifiable Reliance

The Tenth Circuit BAP inferred a requirement of justifiable reliance on nondischargeability for actual fraud.

Benchnotes August 2024

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Court Affirms “Enhanced” 37-Month Sentence for Attorney’s Concealment of Brother’s Money The appeal in United States v. Kowalksi concerned the propriety of a 37-month sentence for an attorney who

Being a ‘Net Winner’ in a Ponzi Scheme Doesn’t Automatically Mean Nondischargeability

Alleging that a debtor realized an ‘impossibly high’ rate of return in a Ponzi scheme isn’t enough to state a claim of nondischargeability for ‘actual fraud.’

Dispositions of Marital Property Aren’t Always Beyond the Avoiding Powers

A division of marital property on consent to someone other than a spouse might be a fraudulent transfer.