Attention:

American Crime Stories: Unusual Fraudulent Conveyances, Insider Transactions and Outright Fraud


Level: Advanced
Runtime: 60 minutes
Recorded Date: April 11, 2019
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Agenda


  • Developing Game Plan
  • First Day Issues
  • Operational Issues
  • Communications
  • Immediate Accounting Issues
  • Asset Identification
  • Organizing the Litigation Investigation
  • Fraudulent Transfer Claims
  • Other Litigation Issues
  • Expert Reports
  • Issues in Operating Case
  • Mediation and Settlement
Runtime: 1 hour
Recorded: April 11, 2019

Description

A group of trustees, receivers and professionals tell their most interesting stories about uncovered rip-offs and how the perpetrators pulled them off — almost. The panel then discusses how the cases were dealt with in bankruptcy court and how funds were recovered — or not.

This program was recorded as part of ABI's Annual Spring Meeting 2019 on April 11th, 2019.

Provided By

American Bankruptcy Institute

Panelists

Fentrice D. Driskell

Of Counsel
Carlton Fields Jordan Burt, P.A.

Fentrice Driskell is an AV Preeminent-rated attorney with significant experience representing banks and other financial institutions in commercial litigation and bankruptcy matters. She also defends clients throughout all stages of consumer finance litigation involving the Telephone Consumer Protection Act (TCPA), the Florida Consumer Collection Practices Act (FCCPA), the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), the Fair Credit Billing Act (FCBA), and the Truth in Lending Act (TILA). Fentrice partners with clients to develop policies, procedures, and compliance best practices with respect to state and federal consumer protection laws, including the TCPA. In addition, she handles commercial and contested foreclosures and works with clients to enforce creditors’ remedies in bankruptcy proceedings.

As a business litigator, Fentrice has handled cases involving breach of contract, civil theft, the Uniform Commercial Code, covenants not to compete, nonsolicitation clause disputes, theft of trade secrets, and unfair and deceptive trade practices. She also has experience litigating civil lawsuits to recover criminal restitution.

Prior to joining Carlton Fields, Fentrice clerked for the Honorable Anne C. Conway of the U.S. District Court for the Middle District of Florida. Fentrice also previously interned for the Honorable Andrew J. Peck of the U.S. District Court for the Southern District of New York.

Fentrice currently serves as president of the George Edgecomb Bar Association and has been selected to the Florida Rising Stars list by Super Lawyers Magazine each year since 2011. In 2015, she was named a Florida Legal Elite "Up & Comer" by Florida Trend Magazine.

Denise D. Dell-Powell

Of Counsel
Dean Mead

Denise D. Dell-Powell is the Chair of Dean Mead’s Bankruptcy and Creditors’ Rights Practice Group throughout Florida. She has more than 25 years of experience in bankruptcy and creditors’ rights, and distressed property including CMBS foreclosures, workouts and bankruptcy matters. She has represented secured and unsecured creditors, debtors, Chapter 11 Trustees, Chapter 7 Trustees and unsecured creditors’ committees. In addition to a focus on banking and financial institutions, her career also includes representation in the hospitality, restaurant, healthcare and agricultural industries.

In Ms. Dell-Powell’s business litigation practice, she has represented parties in federal and state court and has experience trying both jury and non-jury trials. Her litigation practice involves representing clients in a broad range of matters, including those involving real estate, mortgage foreclosure, receiverships, lender liability, commercial evictions, partnership disputes and other real estate based litigation.

Due to Ms. Dell-Powell’s legal skills and experience in bankruptcy law, she has earned the distinction of being one of only 900 Fellows nationwide to be elected to the prestigious American College of Bankruptcy. Election to the organization is by one’s peers and based on demonstrating the highest level of character, integrity, professional experience, leadership and community involvement.

Ms. Dell-Powell is a frequent lecturer, presenter and author on bankruptcy, restructuring and related issues. She has presented at conferences and seminars sponsored by the American Bar Association, American Bankruptcy Institute, Trigild, The Florida Bar, The Bankruptcy / UCC Section of The Florida Bar, the Florida Bankers Association, the Jacksonville Bankruptcy Bar Association, the Central Florida Bankruptcy Law Association and Lorman Education Series.

Steven M. Berman

Partner
Shumaker, Loop & Kendrick LLP

Clients and colleagues alike turn to Steve when a bankruptcy case is not likely to settle. A seasoned trial lawyer, he is widely recognized for his solutions-oriented approach which involves working closely with clients to first see the end result and then, map out a plan to get there. He focuses his practice on business bankruptcy litigation, representing creditors, investors, distressed debt lenders, trustees, committees, and business entities litigating disputes in bankruptcy court.

Steve received his B.S. in multinational business operations from Florida State University and received his J.D. from the University of Florida Levin College of Law where he continues to guest lecture. He is board certified by the American Board of Certification in both creditors' rights law and business bankruptcy law and is a member of the Florida, California, District of Columbia, and Puerto Rico (federal) bars.

Steve serves on the Board of Directors for the American Bankruptcy Institute and the American Board of Certification. He works on several committees and task forces and routinely volunteers and speaks at seminars. Additionally, he serves as the judge advocate to the Coronado Yacht Club in Coronado, California, and volunteers in providing pro bono bankruptcy and insolvency services and training for United States Navy service members, including Judge Advocate General officers and staff.

Robert A. Soriano

Founder
Soriano Law, P.A.

Soriano Law’s mission is to provides its clients with quality, practical, cost-effective solutions to legal and business issues. Robert Soriano has over 35 years’ experience representing a wide variety of business clients in bankruptcy cases, commercial litigation, and transactions. He has represented clients in and out of court on matters that have resulted in the restructuring of billions of dollars of debt. In these representations he has litigated and negotiated many complex commercial and bankruptcy law issues; represented corporate debtors, creditors’ committees, sellers and purchasers of assets, indenture trustees and bondholders, landlords, and significant creditors; participated in corporate restructurings; and served as a mediator of disputes and plans of reorganization.

Mr. Soriano’s credentials include graduating with honors from Syracuse Law School, where he served as Senior Notes & Comments Editor of the law review, and clerking for the Hon. Mark A. Costantino, United States District Judge for the Eastern District of New York. Mr. Soriano has worked at international law firms in New York and Florida before opening his own firm.

Mr. Soriano’s approach is to collaborate with his clients to understand their goals and work efficiently to achieve them. Having a small law firm allows him to do this economically for clients.

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