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ABOUT THE AUTHORS
Jurisdiction | United States |
ABOUT THE AUTHORS
Kathy Bazoian Phelps is a partner in the Los Angeles office of Diamond McCarthy, LLP and has more than 21 years of experience as a lawyer in bankruptcy law and fraud litigation. She represents trustees and receivers, debtors, and secured and unsecured creditors in bankruptcy cases, and she has extensive litigation experience representing both plaintiffs and defendants in a variety of bankruptcy litigation matters. She also represents trustees and receivers, as well as investors, in Ponzi scheme cases. Ms. Phelps has spoken and written widely on a broad range of fraud and bankruptcy-related matters, and co-authored The Ponzi Book: A Legal Resource for Unraveling Ponzi Schemes (LexisNexis®, 2012) (www.theponzibook.com) with Hon. Steven W. Rhodes. Her other recent publications include "Handling Claims in Ponzi Scheme Bankruptcy and Receivership Cases," 42 Golden Gate U. L. Rev. 567 (2012); "What Do You Do When the Feds Come for Your Assets? Third-Party Claims in Forfeiture Proceedings," American Bar Association Business Law Section's Online Resource, Business Law Today, June 21, 2012; "Supplementing the Tools in the Trustee's Toolbox," NABTalk, Spring 2012; "Liability of Professionals and Insiders in Ponzi Schemes," 27 CEB Cal. Bus. L. Prac. 22, Winter 2012; "Emergence of Mareva by Letter: Banks' Liability to Non-Customer Victims of Fraud," Business Law International, Vol. 12, No. 2, May 2011; "In Pari Delicto and The Blame Game: Should Receivers Get Caught in the Fray?," Receivership News, January 2011; "Opportunities for Trustees in Ponzi Scheme Cases," NABTalk, Summer 2010. Ms. Phelps is a member of the FraudNet section of the International Chamber of Commerce's Commercial Crime Services, which specializes in asset recovery in complex fraud and insolvency matters in overseas jurisdictions. She is also a member of the board of directors of the Los Angeles/Orange County Chapter of the California Receivers Forum, is a board member of the National Association for Equity Receivers and an advisory board member of the Association of Certified Financial Crime Specialists, and is a member of the Financial Lawyers Conference, ABI, the National Association of Bankruptcy Trustees, the Los Angeles Bankruptcy Forum, and the Los...
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- The Depths of Deepening Insolvency: Damage Exposure for Officers Directors and Others
- Front Matter
- ABOUT THE AUTHORS
- ABOUT THE EDITOR
- ACKNOWLEDGMENTS
- TABLE OF CONTENTS
- CHAPTER 1 introduction to Deepening insolvency
- CHAPTER 2 Officer and Director Business Decisions and Fiduciary Duties
- CHAPTER 3 interplay between Breach of Fiduciary Duties and Deepening insolvency Liability
- CHAPTER 4 The Tort Claim for Deepening insolvency
- CHAPTER 5 Deepening insolvency as a Theory of Damages
- CHAPTER 6 Summary of Positions on Deepening insolvency by State
- CHAPTER 7 Deepening insolvency Claims against Officers and Directors
- CHAPTER 8 Deepening insolvency Claims against Other Target Defendants
- CHAPTER 9 Standing issues in Pursuing Deepening insolvency Claims
- CHAPTER 10 The In Pari Delicto Defense
- CHAPTER 11 Deepening insolvency Going Forward
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