What You Need to Know About Fraudulent Conveyance Law LIVE Webcast
Typically regarded as a collection resource for judgment creditors chasing “judgment proof” debtors, fraudulent conveyance laws are being invoked with vastly greater frequency and broader reach. Entities and individuals experiencing financial distress, as well as those who deal with such entities and individuals, regularly (and often unknowingly) walk a fine line that expose them to protracted and expensive litigation and potentially substantial adverse judgments.
In a two-hour live webcast, a panel of distinguished experts will discuss the following:
– A concise overview of applicable federal and Uniform state laws that govern fraudulent conveyance
– An overview of the elements of claims based upon alternative theories of actual and constructive fraud
– Emphasis on the principle elements involved: the “badges of fraud,” insolvency at the time of transfer, and the “reasonable equivalence” of value
– A discussion of recent developments in the law
– Practical litigation experiences, strategies and tips for asserting and defending against fraudulent conveyance claims
– Case studies and real-life application of fraudulent conveyance laws and recognizing and avoiding exposure in cases premised upon constructive fraud
Mark Radtke, Attorney,
- an overview of the law;
- the elements of both actual and constructive fraud (both under the bankruptcy code and Uniform Fraudulent transfer laws);
- recent developments in the law
Michael Goldman, Valuation Professional,
Michael Goldman & Associates
- varying methods of valuation
- the art and science of valuing assets
- determining insolvency
George Spathis, Attorney,
Horwood Marcus & Berk Chtd.
- litigation strategies for fraudulent conveyance cases
- case studies
- guiadance on recognizing and avoiding fraudulent conveyance traps
Who Should Attend:
- This topic is particularly valuable for those who practice in bankruptcy and insolvency and provide valuable insights to corporate and transactional attorneys who counsel clients in financial distress. It may also benefit accountants and bankers.
Mark Radtke is a member of Shaw Gussis Fishman Glantz Wolfson & Towbin LLC. He concentrates his practice in corporate reorganization, creditors’ rights, bankruptcy and commercial litigation involving contract disputes, the Uniform Commercial Code, lien rights, employment issues, fraud, fiduciary duties and corporate governance. Mr. Radtke has represented debtors, trustees, assignees, committees, financial institutions, secured and unsecured creditors, interest holders, and both business entities and individuals in a variety of insolvency and commercial matters. Mr. Radtke has been a member of the American Bankruptcy Institute since 2002 and currently serves as the Co-Chair of the Young and New Members Committee.
In 1998, Mr. Radtke became a Certified Public Accountant in Illinois, though he is not currently licensed to practice public accounting. He is a graduate with high honors from Chicago-Kent College of Law, where he was an Executive Articles Editor for the Chicago-Kent Law Review and was elected to the Order of the Coif, a national honor society for scholastic achievement in law. Illinois Super Lawyers magazine has selected Mr. Radtke as an “Illinois Rising Star” in the 2008, 2009, 2010 and 2011 issues of Chicago Magazine. He has authored and co-authored articles and chapters on bankruptcy-related topics in various publications and has spoken on bankruptcy-related topics at regional and national conferences. Mr. Radtke is admitted to practice law in the State of Illinois; the United States District Courts for the Northern District of Illinois, Central District of Illinois and Eastern District of Michigan; and the United States Court of Appeals for the Seventh Circuit.
Mark Radtke is a member of Shaw Gussis Fishman Glantz Wolfson & Towbin LLC. He concentrates his practice in corporate …
Michael Goldman is a Certified Public Accountant, a Certified Fraud Examiner, a Certified Valuation Analyst, and Certified in Financial Forensics. He has been qualified as an expert witness in both federal and state courts in the areas of Insolvency, Forensic Accounting, Business Valuation, Business Management, Accounting, and internal Control. Michael has served as a court-appointed examiner, and has worked as a forensic accountant for bankruptcy trustees, secured lenders, unsecured creditors, company owners, and the management teams of companies. He has performed forensic accounting in shareholder disputes, marital dissolution, commercial damages, bank fraud, embezzlement, skimming, and personal damage cases.
MIchael has authored chapters about insolvency or investigation of fraud in books published by the Association of Certified Fraud Examiners, the American Bankruptcy Institute, Westlaw, and Aspen Law and Business. He has also had articles published in numerous professional journals for both lawyers and accountants.
MIchael has a Bachelor of Arts degree from Rice University and a Master of Management degree from the J. L. Kellogg Graduate School of Management at Northwestern University. He currently teaches a course in Entrepreneurship at the Lake Forest Graduate School of Management.
Michael Goldman is a Certified Public Accountant, a Certified Fraud Examiner, a Certified Valuation Analyst, and Certified in Financial Forensics. …
George Spathis is of counsel at the Chicago law firm of Horwood Marcus & Berk Chartered. George is a seasoned trial lawyer with extensive experience in the area of bankruptcy litigation, having represented bankruptcy trustees, secured creditors, creditors committees, assignees and receivers in an array of complex litigation matters in a myriad of industries, and having counseled clients on issues relating to insolvency and dealing with businesses in distress. He has prosecuted and defended large fraudulent conveyance actions in Federal Courts throughout the country, and has authored and published numerous articles on the topic.
Prior to joining Horwood Marcus & Berk, George was a partner at Shaw Gusiss Fishman Glantz Wolfson and Towbin, a boutique commercial bankruptcy firm in Chicago. He is a Member of the American Bankruptcy Institute and the Turnaround Management Association.
George is a 1990 graduate of the Chicago-Kent Law School, with High Honors, and is a Member of its Order of the Coif. He served as an Executive Articles Editor for the Law Review and was elected to the inaugural class of the Kent Legal Scholars.
George Spathis is of counsel at the Chicago law firm of Horwood Marcus & Berk Chartered. George is a seasoned …
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About Shaw Gussis
Founded in 1988, Shaw Gussis has proudly grown into a firm of 25 highly skilled lawyers, many of whom are nationally recognized in the areas of (1) Commercial Bankruptcy and Restructuring, (2) Commercial Litigation, and (3) Commercial Real Estate.
Our boutique setting allows us to cultivate relationships with our clients, providing counsel and pragmatic solutions to their issues, in a cost‐effective and personalized manner. One unique Shaw Gussis feature, usually only found at the largest law firms, is the large concentration of attorneys in the area of commercial bankruptcy and workouts combined with litigators who have substantial “hand on” trial experience.
About Michael Goldman & Associates
MIchael Goldman & Associates, LLC is a consulting practice focused on supporting stressed or distressed situations including insolvency, fraud, and litigation. The firm typically is referred into troubled situations by lawyers or lenders and provides services for plaintiffs, defendants, debtors, and creditors. Our variety of experience helps to provide a fresh perspective to the cases we assist in.
About Horwood Marcus & Berk Chtd.
Horwood Marcus & Berk Chartered is recognized as a premier middle market business firm in Chicago, with a flexible team-building approach, access to a vast network of professionals and an unyielding commitment to service excellence. The firm combines the practice breadth and resources of a large commercial firm with the entrepreneurial atmosphere and creativity of a boutique.
The firm boasts depth and expertise in an array of legal areas: business law and planning; mergers, acquisitions and dispositions; banking, finance and securities; restructuring and creditors rights; state and local tax planning and litigation; real estate; zoning; commercial litigation; corporate and real estate financing and workout; estate and asset protection planning; probate; and trusts and estates litigation. Similarly, HMB serves clients in a myriad of industries throughout the country.