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to determine possible preferential payments, fraudulent conveyances, and insider transactions is usually performed The roles, de nitions, and exceptions to preferences and fraudulent conveyances are detailed in the Bankruptcy Code as well as in Newton2 The work required to establish liability in bankruptcy cases is similar to that discussed in the subsection on white-collar crime One difference is that liability issues in bankruptcy have the bene t of explicit rules in the Bankruptcy Code (Title 11 USC, more speci cally, Subsections 543 549) These sections of the Bankruptcy Code detail the powers of a trustee to avoid transfers that defraud, hinder, or delay creditors, give preferential treatment to certain creditors, or do not give the bankrupt person or entity fair value for the transfer Since these Code sections de ne the scope of the trustee s power, an accountant engaged by the trustee should rst read and understand the relevant provisions before planning the work In addition, an accountant must obtain an understanding of certain sections of the Uniform Commercial Code and in particular the Uniform Fraudulent Transfer Act of the state where the business is situated The location of the business may in uence the scope of the work since the time period under the bankruptcy statute only allows for recovery one year prior to the bankruptcy, whereas state laws vary from 3 to 10 years Once the appropriate time period and scope have been determined, the accountant needs to review all material transactions to gain an understanding as to the economic bene t of the exchange to the bankrupt, including all monetary and nonmonetary exchanges In addition, the accountant needs to determine the timing and explanation for any liens or other security interest granted or recorded during the time period This review should include any asset sales, purchases, foreclosures, and tax assessments Transactions between related entities or commonly controlled entities or their af liates must be reviewed In a bankruptcy case, the accountant is trying to develop any evidence that might show fraud or fraudulent intent A preferential payment analysis covers a review of transactions within 90 days (one year for insiders) prior to bankruptcy wherein a creditor is paid for an antecedent debt at a time the debtor is insolvent and such payment is not in the ordinary course of business The de nition of insolvency for this purpose is the fair value of assets compared with the fair value of liabilities a balance sheet approach Ordinary course of business is not de ned except by reference to case precedents For example, if creditors are routinely paid in 90 days but certain creditors get paid just before bankruptcy within 30 days, such payments are probably not in the ordinary course of business Certain leveraged buyouts (LBOs) have encountered nancial dif culty shortly after consummation, and some creditors have used various security law and bankruptcy law theories to unwind these transactions and seek recoveries from selling shareholders, secured creditors, and others The accountant s work in establishing or defending liability is critical Analyses that show the cash ow of the entity before and after the LBO help establish whether suf cient capital or working capital was available to the company Changes in a company s borrowing, especially where a signi cant amount of assets have been recently pledged, also illustrate the potential damage to unsecured creditors The accountant s ability to distinguish operating losses caused by the form and structure of the buyout from losses due to the economy or other competing companies will also assist counsel in determining whether the LBO can be attacked as a fraudulent transfer (viii) Lender Liability Common law verdicts in numerous states have established a duty requiring banks to act in good faith and to provide a reasonable time period for a customer to arrange alternative nancing should the bank no longer wish to continue the relationship Other cases involve inaccurate or incomplete responses from banks to inquiries by third parties or failure to honor nancing commitments In some situations the bank s activity, either as a member of the business s board of directors, or in selecting those members, or the bank s insistence on designating workout consultants, places them in a position of being too close to operating the business; and they may nd themselves accountable for its losses or ultimate bankruptcy.

12 a new pocket for the tip of the cylinder within the distal corpus cavernosum should be created after hemicircumcision Also windsock techniques with synthetic materials have been described for this condition In some patients, an SST deformity develops, also termed oppy glans This condition is best treated by a circumcising incision, dissection of the glans from underlying tissue, and non-absorbable suture xation of the glans to the tips of the corpora [56]

Grant W Newton, Bankruptcy and Insolvency Accounting, (John Wiley & Sons, New York, 1994)

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