Legal Opinion

Berger, Shapiro & Davis, P.A. v. Haeling (In Re Foos)

United States Bankruptcy Court, N.D. Illinois

Decided June 16, 1995No. 17-31781PublishedCited by 28 opinions

1Opinion of the Court

MEMORANDUM OPINION

RONALD BARLIANT, Bankruptcy Judge.

I. INTRODUCTION

The Debtor, Saul Foos, ran a “Ponzi scheme” with considerable success until its inevitable collapse resulted in this involuntary chapter 7 bankruptcy case. This adversary proceeding is an interpleader action to determine the entitlement to funds that are proceeds of one of the Debtor’s deceits. The present motion is by Skadden, Arps, Slate, Meagher & Flom to intervene on the grounds that Skadden was the beneficiary of a constructive trust of which those funds constituted the res. Based on its constructive trust theory, Skadden…

2Cases cited60 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  3. Donaldson v. United StatesSupreme Court of the United States · 1971
  4. Cascade Natural Gas Corp. v. El Paso Natural Gas Co.Supreme Court of the United States · 1967
  5. Martin v. Heinold Commodities, Inc.Illinois Supreme Court · 1994

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3Cited by28 opinions

  1. In re Mississippi Valley Livestock, Inc.Court of Appeals for the Seventh Circuit · 2014
  2. Mullins v. Burtch (In Re Paul J. Paradise & Associates, Inc.)District Court, D. Delaware · 2000
  3. NTA, LLC v. Concourse Holding Co.Court of Appeals for the First Circuit · 2004
  4. CRS Steam, Inc. v. Engineering Resources, Inc. (In Re CRS Steam, Inc.)United States Bankruptcy Court, D. Massachusetts · 1998
  5. Old Republic National Title Insurance v. Tyler (In Re Dameron)United States Bankruptcy Court, E.D. Virginia · 1997

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