Corey R. Weber

Corey is a litigator with an MBA and over 20 years of experience in bankruptcy, business and commercial litigation.  He represents creditors, bankruptcy trustees, court-appointed receivers, municipalities and other parties in bankruptcy proceedings, and in federal and state court litigation.  His practice includes investigating and litigating cases involving complex financial issues, including fraud, Ponzi schemes, fraudulent transfers/voidable transfers and breaches of fiduciary duty.  He has served as counsel for both plaintiffs and defendants in fraudulent transfer “clawback” litigation in cases involving fraudulent schemes and Ponzi schemes pending in bankruptcy and receivership cases.

Corey has briefed and argued some of the most consequential issues as to Ponzi schemes and fraudulent transfers in the Ninth Circuit, resulting in published opinions from the United States Court of Appeals for the Ninth Circuit and the Ninth Circuit Bankruptcy Appellate Panel in Kirkland v. Rund (In re EPD Investment Co., LLC), 114 F.4th 1148 (9th Cir. Aug. 23, 2024) (where the Ninth Circuit affirmed a jury’s determination that the debtor operated as a Ponzi scheme and held that “fraudulent intent may be inferred by evidence of the existence of a Ponzi scheme established through objective criteria” and that “[t]here is no question that lenders can be victims of a Ponzi scheme as a matter of law”); Kirkland v. Rund (In re EPD Investment Co., LLC), 821 F.3d 1146 (9th Cir. 2016) (where the Ninth Circuit affirmed the denial of a motion to compel arbitration of fraudulent transfer claims, holding that “the Trustee stands in the shoes of the creditors, not the debtors.  Only the parties to an arbitration agreement are bound by it.  [citations omitted.]  The creditors did not sign the arbitration clauses at issue here.  As a result, arbitration agreements signed by the debtors cannot apply to claims under § 544 or California Civil Code section 3439.04”); and Rund v. Bank of America, N.A., et al. (In re EPD Investment Co., LLC), 523 B.R. 680 (9th Cir. BAP 2015) (where the Ninth Circuit Bankruptcy Appellate Panel held that “so long as a state-law fraudulent transfer claim exists on the petition date (or the date the order for relief is entered), i.e., the state’s applicable repose period governing the action has not yet expired on the petition date (or the order for relief date), the trustee may bring the avoidance action under § 544(b), provided it is filed within the limitations period in § 546(a).”).  

He is also the author of over 25 Commercial Finance Newsletter articles providing case law updates published by Thomson Reuters and available on Westlaw.

Corey received his law degree from the University of Southern California Law School, his Master of Business Administration degree from the University of Notre Dame and his Bachelor of Arts degree from the University of California, Irvine.  During law school, Corey served as a judicial extern for the Honorable Alex Kozinski (Ret.), United States Court of Appeals for the Ninth Circuit, and worked for IBM’s international financial consolidation group within IBM’s personal computer division while earning his MBA from the University of Notre Dame.

Corey serves on the Board, and as Vice Chair, of the Ninth Judicial Circuit Historical Society (NJCHS).  The mission of the NJCHS is to preserve and promote the vibrant history of the law in the Ninth Circuit, and to raise awareness of the important role that the judicial system plays in our society.

He is also an advisor to the California Lawyers Association (CLA) Business Law Section Executive Committee and served as the Chair of the CLA Business Law Section for the 2019-2020 CLA/Bar year.  The CLA is comprised of the State Bar of California Sections, which became part of the CLA in 2018.  Prior to the State Bar Sections becoming part of the CLA, Corey served as a member of the State Bar of California Business Law Section Executive Committee and as Co-Chair of the Insolvency Law Committee (ILC), a standing committee of the State Bar of California Business Law Section.

Corey served as a commissioner on the State Bar of California Commission on Judicial Nominees Evaluation (JNE) for the 2022-2025 term and served a three-year term as Lawyer Representative to the Ninth Circuit Judicial Conference appointed by the United States District Court for the Central District of California.  

Cited/Reported Decisions

• Kirkland v. Rund (In re EPD Investment Co., LLC), 114 F.4th 1148 (9th Cir. Aug. 23, 2024)
• Kirkland v. Rund (In re EPD Investment Co., LLC), 821 F.3d 1146 (9th Cir. 2016).
• Rund v. Bank of America, N.A., et al. (In re EPD Investment Co., LLC), 523 B.R. 680 (9th Cir. BAP 2015).
• In re Sharp v. Bryan Cave LLP, et al. (In re Estate Financial Mortgage Fund, LLC)/Jeremiassen v. Bryan Cave LLP, et al. (In re Estate Financial, Inc.), 565 Fed. Appx. 628 (9th Cir. 2014).

Education

• University of Notre Dame (M.B.A., Finance and Marketing, 2001)
• University of Southern California, School of Law (J.D., 1999)
• University of California, Irvine (B.A., 1995)

Admissions

• State Bar of California
• U.S. District Courts for the Central, Eastern, Northern and Southern Districts of California
• U.S. Court of Appeals for the Ninth Circuit
• U.S. Supreme Court

• In re Ruby’s Huntington Beach, Ltd. (represented municipality/creditor in the bankruptcy case).
• In re EHT US1, Inc., et al. (represent municipality/creditor in the Eagle Hospitality bankruptcy case and in adversary cases within the bankruptcy case).
• In re Lehman Brothers Holdings, Inc. (represented municipalities with claims in the bankruptcy case).
• In re Queen’s Seaport Development, Inc. (represented municipality/creditor in the Queen Mary bankruptcy case and in adversary cases within the bankruptcy case).
• In re Ruderman Capital Partners, LLC (special litigation counsel for the Chapter 7 Trustee in preference and fraudulent transfer litigation).
• In re EPD Investment Co., LLC (special litigation counsel for the Chapter 7 Trustee).
• In re Estate Financial, Inc. (special litigation counsel for the Chapter 11 Trustee).
• In re WJA Asset Management, LLC, et al. (special litigation counsel for the Chapter 11 debtors).
• In re Generation Next Franchise Brands, Inc. (special litigation counsel for the Chapter 7 Trustee).
• In re Lucky Dragon Hotel & Casino, LLC (special litigation counsel for the Chapter 7 Trustee).

• Board Member and Vice Chair, Ninth Judicial Circuit Historical Society
• Advisor to the Executive Committee and Past Chair, California Lawyers Association Business Law Section
• American Bankruptcy Institute

• Thomson Reuters Southern California “Super Lawyers” (2017-Present)
• “Best Lawyers in America” (2016-Present)
• Thomson Reuters Southern California “Super Lawyers – Rising Stars” (2006-2013)
• Selected as the 2020 Lawyer of the Year by “Best Lawyers in America” for Litigation – Bankruptcy in Los Angeles, California
• Selected for the 2020 & 2021 Top 100 list by Thompson Reuters of Southern California “Super Lawyers”