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Full-Text Articles in Law
Mediating Disputes Arising Out Of Troubled Companies - Do It Sooner Rather Than Later, The Hon. Randall J. Newsome
Mediating Disputes Arising Out Of Troubled Companies - Do It Sooner Rather Than Later, The Hon. Randall J. Newsome
Golden Gate University Law Review
Over the last several years, there has been much academic debate on the subject of “vanishing trials”—whether the settlement rate in bankruptcy and other courts is accelerating, and whether that is a healthy trend for our justice system. A more interesting question is why disputes in chapter 11 cases are not resolved sooner. Why does it take so much time and so much money for parties to settle their differences and arrive at a consensual chapter 11 plan?
Cite as 42 Golden Gate U. L. Rev. 661 (2012).
Obtaining The Release Of Grand Jury Evidence In Ponzi Cases, The Hon. Steven Rhodes
Obtaining The Release Of Grand Jury Evidence In Ponzi Cases, The Hon. Steven Rhodes
Golden Gate University Law Review
Evidence that law enforcement authorities obtain through the grand jury process is generally secret. Nevertheless, case law can provide a powerful basis for a trustee, a receiver or any party in a Ponzi case to obtain evidence that the government has in its possession as a result of its investigation of a Ponzi scheme. This Article considers the extent to which parties in a Ponzi scheme insolvency proceeding might be able to obtain evidence presented in a criminal grand jury proceeding relating to the Ponzi scheme.
Cite as 42 Golden Gate U. L. Rev.657 (2012).
Overcoming Administrative, Procedural And Evidentiary Hurdles In Ponzi Scheme Litigation, Sharon Z. Weiss, Natalie B. Daghbandan
Overcoming Administrative, Procedural And Evidentiary Hurdles In Ponzi Scheme Litigation, Sharon Z. Weiss, Natalie B. Daghbandan
Golden Gate University Law Review
The unfortunate reality that comes with a Ponzi scheme case in bankruptcy is a mass of deceived unsecured creditors clamoring for their money back, and few, if any, present assets within the bankruptcy estate with which to pay them. The sheer size of most Ponzi schemes cases necessarily presents unique evidentiary, procedural and administrative challenges to professionals seeking to sort out the failed Ponzi enterprise. Ponzi scheme cases are riddled with litigation, which generally falls into four categories: (1) litigation against the Ponzi scheme operator(s), (2) litigation against parties who enabled the scheme to continue (such as professionals), (3) litigation …
Black Swans, Ostriches, And Ponzi Schemes, Nancy B. Rapoport
Black Swans, Ostriches, And Ponzi Schemes, Nancy B. Rapoport
Golden Gate University Law Review
Cite as 42 Golden Gate U. L. Rev. 627 (2012).
The Collapse Of Financial Fraud: Measuring Bankruptcy Avoidance Action, Jessica D. Gabel, Isaac Asher, Mary Beth Byington
The Collapse Of Financial Fraud: Measuring Bankruptcy Avoidance Action, Jessica D. Gabel, Isaac Asher, Mary Beth Byington
Golden Gate University Law Review
Ponzi schemes lay their foundation on fraud. Once the con is exposed, the culprits are usually stripped of their pilfered millions and sent off to jail. Unfortunately for the victims, the process of recovering any portion of the money they lost in the scam is, to put it mildly, complicated. The challenge rests, in part, in differences between federal forfeiture statutes and Bankruptcy Code principles in determining what assets can be recovered and who is entitled to a portion of the Ponzi pie. What is a Ponzi scheme (as defined by the courts rather than the media)? The Second Circuit …
Handling Claims In Ponzi Scheme Bankruptcy And Receivership Cases, Kathy Bazoian Phelps
Handling Claims In Ponzi Scheme Bankruptcy And Receivership Cases, Kathy Bazoian Phelps
Golden Gate University Law Review
The end game for defrauded investors and other creditors in a Ponzi scheme case is the recovery of the maximum amount on their claims. Depending on whether the Ponzi perpetrator has landed in a bankruptcy case or a receivership proceeding, the rules governing the allowance and distribution priorities for claims filed in Ponzi scheme cases may vary. This Article discusses the treatment of the defrauded investor’s claim in both bankruptcy and receivership cases. This Article also contrasts relatively rigid provisions in the Bankruptcy Code for the allowance, priority and distribution of claims in Ponzi scheme cases with the more flexible …