The overlap of asset forfeiture, whether civil or criminal, and bankruptcy brings a unique set of problems to district and bankruptcy judges because there are no statutory or case law or procedural rules to govern these concomitant similar cases in different courts. This program will give district and bankruptcy judges basic information about the processes in the each other-s court and to provide guidance on how to proceed. No two of these cases are alike and one solution does not fit all cases. But there are guidelines that can help ameliorate the difficulties for all concerned that come with the fact that "victims- and "creditors- are not necessarily the same individuals or companies. Discussing these topics are Judge Ann D. Montgomery (D. Minn.); Judge Martin Glenn, (Bankr. S.D.N.Y.); Sharon Cohen Levin, Chief of the Asset Forfeiture Unit of the U.S. Attorney's Office, Southern District of New York; and Irving Picard, SIPA Trustee for Bernard L Madoff Investment Securities LLC. The panel moderator is Judge David Coar (Ret., Bankr. N.D. Ill.).
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Asset Forfeiture and Bankruptcy Case Coordination
January 1, 2013