Legal Opinion

Ferris, Baker Watts, Inc. v. Stephenson (In Re MJK Clearing, Inc.)

Court of Appeals for the Eighth Circuit

Decided June 9, 2004No. 03-2443PublishedCited by 19 opinions

1Opinion of the Court

RILEY, Circuit Judge.

Ferris, Baker Watts, Inc. (Ferris) filed an adversary proceeding in the bankruptcy court 1 against James P. Stephenson, the trustee (Trustee) for MJK Clearing, Inc. (MJK), to recover approximately $18 million in cash Ferris pledged as collateral for a stock-loan transaction. Ferris requested that the bankruptcy court impose a constructive trust or compel the Trustee to tender the cash collateral to Ferris. The Trustee counterclaimed, requesting that the bankruptcy court declare, to the extent Ferris had an interest in MJK’s deposit accounts, the Trustee could avoid…

2Cases cited7 opinions

  1. Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
  2. Connecticut General Life Insurance Company v. Universal Insurance Company, Hector Manuel Rodriguez-Estrada, Connecticut General Life Insurance Company v. Universal Insurance Company, Connecticut General Life Insurance Company v. Universal Insurance CompanyCourt of Appeals for the First Circuit · 1988
  3. Interstate Cleaning Corp. v. Commercial Underwriters Insurance Co.Court of Appeals for the Eighth Circuit · 2003
  4. Sou-Hsiung Jack CHIU, Appellant, v. Amy Kam-Ling WONG, AppelleeCourt of Appeals for the Eighth Circuit · 1994
  5. Henderson v. MurraySupreme Court of Minnesota · 1909

2 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Lindquist v. JNG Corp. (In Re Lindell)United States Bankruptcy Court, D. Minnesota · 2005
  2. G. Latta Bachelor v. Regions BankCourt of Appeals for the Eighth Circuit · 2011
  3. Colsen v. United States (In Re Colsen)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2005
  4. Gonzales v. Sun Life Insurance (In re Furr's Supermarkets, Inc.)United States Bankruptcy Court, D. New Mexico · 2012
  5. American Residential Mortgage, LP v. Thayer (In Re Thayer)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2008

14 more not listed; retrieve them via the Exa API.

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