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IN RE PLAZA MORTG. AND FINANCE CORP.

Bankruptcy No. A93-65102-JB. Adv. No. 94-6068.

187 B.R. 37 (1995)

In re PLAZA MORTGAGE AND FINANCE CORPORATION, Debtor. Neil C. GORDON, Trustee in Bankruptcy of the Estate of Plaza Mortgage and Finance Corporation, Plaintiff, v. Martin BASROON; Joseph Girardot; Leslie Johnson; Fred Kaunitz; Nathan Pasha; Ferraro, Wood & Company f/k/a Ferraro, Gensib and Wood f/k/a Saltiel, Basroon, Ferraro, Gensib and Wood f/k/a Saltiel, Basroon and Ferraro; Michael R. Ferraro; Carl D. Gensib; James M. Wood; Rhea Basroon; Ida Basroon; Jody Basroon; and Andrew Basroon, Defendants.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

August 28, 1995.

Attorney(s) appearing for the Case

Larry H. Chesin, Kirwan, Parks, Chesin & Pemar, Atlanta, GA, for plaintiff.

Robert M. Finlayson, II, Mozley, Finlayson & Loggins, Atlanta, GA, for defendants.

ORDER

JOYCE BIHARY, Bankruptcy Judge.

In this case, the Court must decide whether the trustee has standing to sue the debtor's former accountants for malpractice and fraud where the debtor was operated as a "Ponzi" or pyramid scheme and where the debtor's president and one of its shareholders was a partner in the defendant accounting firms. This case also involves the issue of whether the trustee's claims are barred by the doctrine of in pari delicto...

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