Research Paper Outline: Bankruptcy Fraud

Research Paper Instructions:

We already have the topic and thesis

Topic:

Bankruptcy Fraud

Thesis:

Since companies use bankruptcy as a tool, rather than a last resort, the Bankruptcy Code must be changed to eliminate fraud debtors are committing when filing for bankruptcy.

Research Paper Outline

 Your outline should be a detailed breakdown of the component parts of your paper

 It should be two to four pages in length.

 The outline is a critical step in developing your final paper – the outline should provide a detailed, step by step blueprint. If done carefully and thoughtfully, once you have an outline in place, the paper should practically write itself!

 The outline must identify not less than 20 credible primary or secondary sources.

 For tips, see the Purdue Online Writing Lab you can use these sources or use new ones

References

1. https://search(dot)credoreference(dot)com/content/entry/galegue/bankruptcy_law/0

2. https://search(dot)credoreference(dot)com/content/entry/sharpecw/bankruptcy_reform/0

3. https://search(dot)credoreference(dot)com/content/entry/sharpecw/corporate_scandals/0

4. https://search(dot)credoreference(dot)com/content/entry/sharpecw/corporate_scandals_primary_documents/0

5. https://www(dot)uscourts(dot)gov/services-forms/bankruptcy limited scope/very basic

6. https://web(dot)p(dot)ebscohost(dot)com/ehost/detail/detail?vid=6&sid=ebd3f464-ca25-46fb-af3f-698797259330%40redis&bdata=JkF1dGhUeXBlPXNoaWImc2l0ZT1laG9zdC1saXZlJnNjb3BlPXNpdGU%3d#AN=67149639&db=bth

7. https://web(dot)p(dot)ebscohost(dot)com/ehost/detail/detail?vid=8&sid=ebd3f464-ca25-46fb-af3f-698797259330%40redis&bdata=JkF1dGhUeXBlPXNoaWImc2l0ZT1laG9zdC1saXZlJnNjb3BlPXNpdGU%3d#AN=41140749&db=bth

8. https://web(dot)p(dot)ebscohost(dot)com/ehost/detail/detail?vid=10&sid=ebd3f464-ca25-46fb-af3f-698797259330%40redis&bdata=JkF1dGhUeXBlPXNoaWImc2l0ZT1laG9zdC1saXZlJnNjb3BlPXNpdGU%3d#AN=129554421&db=bth

9. https://web(dot)p(dot)ebscohost(dot)com/ehost/detail/detail?vid=12&sid=ebd3f464-ca25-46fb-af3f-698797259330%40redis&bdata=JkF1dGhUeXBlPXNoaWImc2l0ZT1laG9zdC1saXZlJnNjb3BlPXNpdGU%3d#AN=115108989&db=bth

10. https://web(dot)p(dot)ebscohost(dot)com/ehost/detail/detail?vid=14&sid=ebd3f464-ca25-46fb-af3f-698797259330%40redis&bdata=JkF1dGhUeXBlPXNoaWImc2l0ZT1laG9zdC1saXZlJnNjb3BlPXNpdGU%3d#AN=51839758&db=bth

11. https://web(dot)p(dot)ebscohost(dot)com/ehost/detail/detail?vid=16&sid=ebd3f464-ca25-46fb-af3f-698797259330%40redis&bdata=JkF1dGhUeXBlPXNoaWImc2l0ZT1laG9zdC1saXZlJnNjb3BlPXNpdGU%3d#AN=85878273&db=bth

12. https://www(dot)proquest(dot)com/docview/2498623777?pq-origsite=gscholar&fromopenview=true

13. https://www(dot)proquest(dot)com/docview/2269008187?pq-origsite=gscholar&fromopenview=true needs more research, foreign author-likely Europe, may need to re-do

14. https://www(dot)proquest(dot)com/abicomplete/docview/2010952224/72B9954E0BBD443APQ/4?accountid=10901

15. https://www(dot)proquest(dot)com/abicomplete/docview/2132269819/72B9954E0BBD443APQ/15?accountid=10901 talks about going concern, might be useful to establish background

16. https://www(dot)proquest(dot)com/abicomplete/docview/2398611192/72B9954E0BBD443APQ/23?accountid=10901

17. https://www(dot)proquest(dot)com/abicomplete/docview/871998094/72B9954E0BBD443APQ/28?accountid=10901 text is from 2010-might only have limited usefulness, maybe background?

18. https://www(dot)proquest(dot)com/abicomplete/docview/2593198432/72B9954E0BBD443APQ/35?accountid=10901

19. Diane Lourdes Dick, Bankruptcy’s Corporate Tax Loophole, 82 FORDHAM L. REV. 2273 (2014) https://digitalcommons(dot)law(dot)seattleu(dot)edu/faculty/468

20. Maddox, W., & Mann, C. (2021, September 13). The Texas Two-step and how corporations may use it to avoid bankruptcy. D Magazine. Retrieved February 13, 2022, from https://www(dot)dmagazine(dot)com/healthcare-business/2021/09/the-texas-two-step-and-how-corporations-may-use-it-to-avoid-bankruptcy/

21. Moore, R. (2018, February 6). bankruptcy fraud. Encyclopedia Britannica. https://www(dot)britannica(dot)com/topic/bankruptcy-fraud

22. Vasser, S., & LLP, D. (n.d.). New bill Would End the 'Texas Two-Step' and Eliminate Non-Debtor Releases in Chapter 11. JD Supra. Retrieved February 13, 2022, from https://www(dot)jdsupra(dot)com/legalnews/new-bill-would-end-the-texas-two-step-3111746/

23. https://blogs(dot)harvard(dot)edu/bankruptcyroundtable/2022/02/01/creditor-rights-corporate-leverage-and-investments-and-the-firm-type/

24. http://blogs(dot)harvard(dot)edu/bankruptcyroundtable/2022/01/26/congressional-committees-propose-changes-to-bankruptcy-code-prohibiting-non-consensual-releases-of-third-parties-and-limiting-other-important-bankruptcy-tools/

25. https://www(dot)nolo(dot)com/legal-encyclopedia/how-to-prove-bankruptcy-fraud.html

26. https://www(dot)justice(dot)gov/usao/page/file/1046201/download

Research Paper Sample Content Preview:

Bankruptcy Outline
Author’s Name
Institutional Affiliation
Course Number and Name
Instructor’s Name
Bankruptcy Outline
1 Introduction
* Opening statement on reasons why bankruptcy is becoming a common feature in the business world
* Views on Bankruptcy fraud
* Thesis statement: Companies use bankruptcy as a tool rather than a last resort. Hence Bankruptcy Code should be changed to eliminate fraud that debtors are committing when filing for bankruptcy.
2 Body
* Bankruptcy Fraud
* How debtors in the corporate business conceal assets
* Withhold knowledge concerning a property
* Transfer property to a third party
* Destroying property
* How petition mills take advantage of the debtors
* Reliance on the credit counseling services
* Working with the debtors’ landlord
* The issue of multiple-filling schemes
* File for bankruptcy from state to state using real identities but never disclose their full assets
* File bankruptcy from state to state but use fake identities and never disclose their full assets
* Use of both fake and real identities to file bankruptcy from state to state
* The bust-out scheme with examples
* When the debtor exhausts all the credit accounts and files bankruptcy
* The Robert Brennan Case
* Few government, state, and financial organizations move to prosecute and reduce such kind of fraud on creditors
* Fraud Debtors
* Studies on how fraud debtors use the bankruptcy code to pursue their interests
* Non-disclosure of assets
* Files a false form
* Files multiple times using false information
* Illustrate the loopholes that are exploited by Fraud corporate businesses
* Bankruptcy laws favor the debtors
* Organizations becoming big spenders with intent to file bankruptcy
* Propose changes in corporate bankruptcy
* Elimination of crucial tools which are non-consensual to the third party
* Through identification of interest between the debtor with the third party
* Whether the non-debtor has contributed to the assets
* Implementation strategies that are focused on supporting the creditors
* Introducing law measures that protect the creditors
* Trigger full disclosure of the debtors’ assets
* Reliance on the fraudulent transfer laws
* Through amending laws that avid fraud activities
* Integrating huge penalties to discourage such from happening in future
* Flaws in the corporate bankruptcy
* The liquidation strategies that are used by businesses
* Selling of assets
* Selling the company entirely
* The unique asset and valuable tax attributes
* Crucial assets of the organization
* The tax attributes associated with the assets
* Case study example of an organization that used certain liquidation strategies.
* USA example
* France example
* Value disputes in corporate bankruptcy
* Disagreement that occurs between valuation and the judicial valuation errors
* Judicial valuation error
* Company valuation errors
* Disagreement regarding the discounted cash flows input due to multiple methods
* Multiple methods relied on discounted cashflows
* Different accountants giving different analysis
* Proposed strategies that are derived from the finance theory
* Bankruptcy is the most effective
* Accounting valuation in the 19th Century French organizations
* Bankruptcy fraud in French organizations
* Bankruptcy in French-based organizations
* Steps taken towards amending the bankruptcy code
* Submission of the Non-debtor Release prohibition act in the house for a full vote
* Lawmakers need to table the bill in the house for a full vote
* Amend the bill where necessary
* How the law will end the discharge of liabilities for the non-debtors in bankruptcy
* It will want full disclosure of what the non-debtor own
* It will require to disclose the assets that were obtained by the non-debtor
* How the law will be used in stopping the divisive mergers as a strategy to get away with liabilities
* Through the integration of amendment that wants full disclosure of the debtors’ asset
* Through a full audit of the organization’s operations
* How the policy will disregard issues relating to the non-consensual of third-party release.
* Full disclosure of the assets owned by the third party
* The relations between the third party and the business owner
* Bankruptcy Code of Reforms based on the creditors’ rights and corporate investments
* Introduce laws that are not only focused on the debtors
* Determining the debtors’ credibility to avoid fraud activities<...

Updated on January 26, 2024

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