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Debtor files a voluntary Chapter 11 petition, and allegations of fraud and dishonesty are made against Debtor's management. If the court does not order the

  1. Debtor files a voluntary Chapter 11 petition, and allegations of fraud and dishonesty are made against Debtor's management. If the court does not order the appointment of a trustee, are there any means by which the charges against Debtor's management can be investigated appropriately?
  2. John Schultz and Brad Taylor, shareholders of Texas Renewables (TR), Inc., were embroiled in litigation in a Texas state court. Both claimed to act on TR's behalf, and each charged the other with attempting to obtain control of TR through fraud and other misconduct. Temporarily prohibited from participating in TR's business, Schultz formed Lone Star Renewables (LSR), a company with the same business plan and many of the same shareholders as TR. Meanwhile, to delay the state court proceedings, Schultz filed a petition for a chapter 7 liquidation in federal bankruptcy court. Ownership of Schultz' TR shares passed to the bankruptcy trustee but Schultz ignored this. He called a meeting of TR's shareholders-except Taylor-and voted those shares to remove Taylor from the board and elect himself chairman, CEO, and treasurer. The TR board then dismissed all of TR's claims against Schultz in his suit with Taylor. Are there sufficient grounds for the bankruptcy court to dismiss Schultz' bankruptcy petition?
  3. John, the accounting manager of LargeInventory, Inc., is trying to catch up on his work after having just returned from an absence under the Family Medical Leave Act (FMLA). While examining the bank reconciliations prepared by an employee during his absence, James noticed some anomaliesa deposit in transit that is more than 80 days old and several cleared checks with the same check number. John is more than curious about the identical check numbers. He logged onto the firm's online banking system to check the details for each check. John fails to recognize the payees on three of the checks. John looks into the deposit in transit that is more than 80 days old and learns that it consists of one check from an unknown payee. Explain your answers to the questions below in cogent, logical sentences that provide full explanations.

a.What type of scheme is John investigating?

b.Name at least three major tests John would have to conduct to identify this scheme.

c.Discuss at least ten other tests for the type of schemes John is investigating.

  1. Barbara, a national of Poland, is living in Washington State with David when she meets and marries Anthony. She informs Anthony that she is looking for a husband so that she can remain in the U.S. He asks her to marry him based on his affection for her, and she agrees. After a brief marriage to Anthony, Barbara files a petition for divorce. Anthony files a counterpetition alleging the invalidity of the marriage based on fraud. He alleges that Barbara continued her relationship with David after her marriage to Anthony. Anthony contends that Barbara lied about her relationship with David so that Anthony would marry her to enable her to get permanent residency status in the U.S. Will Anthony's allegation of fraud be successful?

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