Preference, Earmarking and Fraudulent Transfer Law: Making Progress Together for Future Bankruptcies

Level: Advanced
Runtime: 76 minutes
Recorded Date: January 23, 2020
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  • Domestic Asset Protection Trusts (DAPTs) Overview
  • Various States DAPTs
  • Breaking Down DAPTs
  • Foreign Asset Protection Trusts/Offshore Asset Protection Trusts (OAPTs)
  • Breaking Down OAPTs
  • Avoidance Action Issues: Earmarking Doctrine, Conduit Defense, and SBRA
  • Avoidance Powers Update
  • Suing Universities to Recover Tuition Paid for Adult Children
Runtime: 1 hour, 16 minutes
Recorded: January 23, 2020


In this session, learn more about recent developments in earmarking, preference and fraudulent transfer law, and the use of domestic and foreign trusts to effectuate fraudulent transfers.

This program was recorded as part of American Bankruptcy Institute's Rocky Mountain Bankruptcy Conference held on January 23rd, 2020.

Provided By

American Bankruptcy Institute


Michael F. Thomson

Ray Quinney & Nebeker

Mike helps clients navigate complex bankruptcy and receivership proceedings, workouts, and related litigation. Mike has significant experience helping clients protect their interests in bankruptcy cases in Utah, Nevada, and Wyoming. In addition to serving as a Chapter 7 Panel Trustee for the District of Utah, he represents creditors, distressed companies, Chapter 7 and 11 trustees, and receivers in all aspects of the workout, restructuring, and liquidation process, including litigation and appeals.

Mike has been included on the list of The Best Lawyers in America© 2011-2021 in Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law and in Bankruptcy Litigation. He maintains an AV Preeminent rating with Martindale-Hubbell®, which is the highest rating awarded to attorneys for professional competence and ethics. Mike has also been selected for inclusion in Mountain States Super Lawyers (2008-2020) and has been voted by his peers throughout the state as one of Utah’s “Legal Elite,” as published in Utah Business Magazine (2017 -2020).

Neal H. Levin

Freeborn & Peters, LLP

Neal Levin is the Team Leader of the Firm’s Global Fraud, Investigations and Asset Recovery Team and a member of both the Litigation and Bankruptcy and Financial Restructuring Practice Groups. Neal is also the founder and leader of the Freeborn & Peters Intelligence Unit, which provides intelligence gathering support and analysis for Freeborn clients domestically and internationally.

Often compared to Mr. Wolf from Pulp Fiction, Neal is most notably summoned when the case "stinks." Known fondly as "The Fraud Guy," he contends with a litany of fraudsters and fraudulent transactions, including those stemming from bankruptcy fraud, occupational fraud, corporate governance fraud, government corruption, insurance fraud, bank fraud, mortgage fraud, asset concealment, so-called asset protection plans, offshore financial centers, bitcoins and other cryptocurrencies, art fraud and related thefts, and, of course, Ponzi schemes. His practice is international in scope and he has appeared in dozens of different tribunals over the course of his 30+ years in the business.

Neal and his team leverage their success through use of progressive intel harvesting as well as an intensive study of the psychology of fraudsters and victims. Drawing on both his many years of experience as well as his B.A. in Psychology from the University of Denver, Neal frequently lectures, writes and is interviewed on the psychopathy and sociopathy of a fraudster and victims as well as on Ponzi schemes, bankruptcy fraud, investigations and recovery practices.

Neal also serves as a Federal and State Equity Receiver in matters involving domestic and international fraud and financial crimes.

David M. Miller

Spence Fane, LLP

David M. Miller works closely with individuals and companies, providing guidance and counsel in all aspects of bankruptcy law and commercial litigation. All clients, both debtors and creditors, benefit from Miller’s extensive knowledge and experience in bankruptcy and related matters.

Clerking for two bankruptcy judges early in his career has provided experience that served his clients well. He advocates tenaciously for his clients, resolving differences and achieving successful outcomes, including several precedent-setting outcomes in Colorado courts.

Miller strives to anticipate unforeseen consequences and protect clients as they grapple with bankruptcy and reorganization issues.

Ronald R. Peterson

Jenner & Block

Since 2003, Chambers & Partners has named him one of the country’s leading lawyers in bankruptcy law. He is AV Peer Review Rated, Martindale-Hubbell’s highest peer recognition for ethical standards and legal ability. Mr. Peterson is a member of the firm’s Restructuring and Bankruptcy and Bankruptcy Litigation Practices. He is also a member of the Real Estate and Construction Litigation and Corporate Finance Practices and the Real Estate Finance Litigation and Workout Task Force.

Mr. Peterson has been a member of the panel of Chapter 7 Trustees for the Northern District of Illinois, Eastern Division since 1988. He has presided over numerous complex commercial cases, including Stotler & Co, the country’s 10th largest commodities house, and Lancelot Investment, a $1.7 billion Ponzi scheme. Mr. Peterson has also served as examiner in Robert Lund, a large real estate developer and the Chairman of the Creditors’ Committee in Thomas J. Petters, a $3.5 billion Ponzi Scheme. Mr. Peterson is a member of the American Bankruptcy Institute, Commercial Law League of America and the Business Bankruptcy Committee of the Business Law Section and the Bankruptcy Litigation Committee of the Litigation Section of the American Bar Association. He is a Director and past president of the National Association of Bankruptcy Trustees and is also a member of INSOL (International Association of Restructuring, Insolvency & Bankruptcy Professionals). Mr. Peterson served as the co-chairman of the avoidance power and in pari delicto committee of the ABI’s Chapter 11 Reform Commission and a Commissioner on the ABI’s consumer reform commission. Mr. Peterson is also a federal equity receiver and a member of the National Association of Federal Equity Receivers.

Mr. Peterson is a prolific lecturer and writer on bankruptcy and commercial law issues.

Hon. Joseph G. Rosania

U.S. Bankruptcy Court for the District of Colorado

Joseph G. Rosania, Jr., is a judge on the United States bankruptcy court, District of Colorado. He was appointed on January 4, 2016. Rosania clerked for U.S. Bankruptcy Judge Jay Gueck before going into private practice.

Judge Rosania earned his law degree from the University of Colorado.

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