By
Kathy Bazoian Phelps
and
Hon. Steven Rhodes (Ret.)
Published by
LexisNexis®
Partner, Raines Feldman LLP, Los Angeles, California
Admitted to the California Bar, 1991
Juris Doctor, University of California at Los Angeles, 1991
Bachelor of Arts, Pomona College, 1988
Professional Concentration
Kathy represents bankruptcy trustees, federal equity receivers, state court receivers, litigants in commercial disputes, debtors, and secured and unsecured creditors in bankruptcy cases. She also works with buyers of assets in bankruptcy cases and whistleblowers in preparing tips to regulatory agencies to try to stop fraud and collect rewards for the whistleblowers.
Her involvement in litigation matters arising in insolvency proceedings is also extensive. Representing both plaintiffs and defendants, Kathy represents her clients passionately in a wide variety of litigation matters, including fraudulent transfer actions and directors and officers litigation.
She frequently represents operating and liquidating trustees in cases pending in the United States Bankruptcy Court as well as receivers in the United States District Court and the Superior Court of the State of California and has been lead counsel in large-scale litigation involving recovery of assets in Ponzi scheme cases.
Kathy serves as a mediator in bankruptcy matters, in other complex disputes, and in matters requiring expertise in financial fraud and Ponzi schemes. Kathy aslo serves as an expert witness in matters relating to complex financial fraud and Ponzi schemes.
Mediation Panel Positions
Financial Industry Regulatory Authority (FINRA)
United States Bankruptcy Court, Central District of California
United States Bankruptcy Court, District of Arizona
Publications
The Ponzi Scheme Blog
A Receiver’s Colorful Journey Into Fraudulent Schemes (American Bar Association Litigation Journal, Fall 2022), co-author
Chapter, In Pari Delicto: Solutions to an Inequity Plaguing Bankruptcy Trustees and Innocent Creditors, Norton Annual Survey of Bankruptcy Law (West 2015), co-author
Fraud and Forensics: Piercing Through the Deception in a Commercial Fraud Case (Editor and Contributor) (American Bankruptcy Institute 2015)
Equity Receivers and the In Pari Delicto Defense, 69 Bus.Law. 699 (American Bar Association May 2014), co-author
Ponzi-Proof Your Investments: An Investor's Guide to Avoiding Ponzi Schemes and Other Fraudulent Scams (IRR Publishing 2013)
The Depths of Deepening Insolvency: Damage Exposure for Officers, Directors and Others (American Bankruptcy Institute 2013), co-author
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, The Journal of the National Conference of Bankruptcy Trustees, Spring 2012, co-author
The Ponzi Book: A Legal Resource for Unraveling Ponzi Schemes, LexisNexis (2012), co-author
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, co-author
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, The Journal of the National Association of Bankruptcy Trustees, Summer 2010
Bankruptcy Issues Arising in Ponzi Schemes, Century City Bar Association Newsletter, April 2010
Organization Positions
American Bankruptcy Institute
American College of Bankruptcy
California Receivers Forum, Los Angeles/Orange County Chapter
Los Angeles Bankruptcy Forum
National Association of Federal Equity Receivers
International Chamber of Commerce FraudNet Global Network, 2012-2015, www.icc-fraudnet.org, Member
American Bar Association, White Collar Crime, Asset Forfeiture and Business Bankruptcy Subcommittee focused on parallel insolvency and criminal proceedings, 2012 to present
Insolvency Law Committee for the State Bar of California, 2000-2003, Member
National Association of Bankruptcy Trustees, Past Member
Armenian Bar Association, Past Member
Speaking at Conferences and Seminars
American Bankruptcy Institute
American Bar Association
American Institute of Certified Public Accountants
American Law Institute
Association of Certified Fraud Examiners
Association of Insolvency and Restructuring Accountants
Bay Area Bankruptcy Forum
California Bankruptcy Forum
California Receivers Forum
Central District Consumer Bankruptcy Attorneys Association
Century City Bar Association
Commercial Finance Corporation of California
Commercial Law League of America
Federal Judicial Center
Financial Crimes Conference
Institute for Internal Auditors
International Association for Asset Recovery
International Chamber of Commerce FraudNet
Los Angeles County Bar Association
National Association of Attorneys General
National Association of Bankruptcy Trustees
National Association of Certified Valuators and Analysts
National Association of Federal Equity Receivers
National Conference of Bankruptcy Judges
New York Institute of Credit
Orange County Bankruptcy Forum
Orange County Bar Association – Business Litigation Section
Public Investors Advocate Bar Association
Retirement Industry Trust Association
Special Assets Management Association
Turaround Management Association
Other local organizations in Southern California
Awards, Distinctions and Honors
Super Lawyers, 2007, 2009, 2010, 2013-2023
Martindale Hubble AV Preeminent Attorney, 2016-2023
Best Lawyers in America, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, 2019-2022
Top Bankruptcy Attorneys, The Daily Journal, 2022
President’s Award, National Association of Federal Equity Receivers, 2020
International Advisory Award: Business Insolvency and Restructuring Lawyer of the Year in California, 2018
Super Lawyers Top Women, 2016, 2017
American College of Bankruptcy, Fellow, 2016
American Bankruptcy Institute, Committee Member of the Year, 2016
The International Who’s Who of Asset Recovery Lawyers, 2013-2019
Bar Admissions
State Bar California, 1991
United States District Court, Central District of California, 1991
United States District Court, Southern District of California, 2011
United States District Court, Eastern District of California, 2011
United States District Court, Western District of Michigan, 2010
Personal
Interests and accomplishments include extensive travel and the study of the Chinese language.
© 2022 Kathy Bazoian Phelps and Steven Rhodes