Legal Opinion
Finn v. Alliance Bank
Supreme Court of Minnesota
Decided February 18, 2015No. Nos. A12-1930, A12-2092PublishedCited by 50 opinions
1Opinion of the Court
OPINION
STRAS, Justice.
This case requires us to decide two questions of first impression under Minnesota’s Uniform Fraudulent Transfer Act (“MUFTA”), Minn.Stat. §§ 513.41-.51 *642(2014). The first question is whether the so-called “Ponzi-scheme presumption,” adopted by a number of federal courts, applies to claims brought under MUFTA. On that question, the court of appeals divided the Ponzi-scheme presumption into three separate components, each of which relates to an element of a MUFTA claim. The court held that a Ponzi-scheme operator acts with fraudulent intent and is insolvent as a matter of…
2Cases cited46 opinions
- Cunningham v. BrownSupreme Court of the United States · 1924
- Scholes v. LehmannCourt of Appeals for the Seventh Circuit · 1995
- Warfield v. ByronCourt of Appeals for the Fifth Circuit · 2006
- Merrill v. Abbott (In Re Independent Clearing House Co.)District Court, D. Utah · 1987
- Donell v. KowellCourt of Appeals for the Ninth Circuit · 2008
41 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Ralph S. Janvey, in His Capacity as Court-Appointed Receiver for the Stanford International Bank, Limited Official Stanford Investors Committee v. the Golf Channel, Incorporated Tgc, L.L.C., Doing Business as Golf ChannelTexas Supreme Court · 2016
- Ritchie Capital Management v. John StoebnerCourt of Appeals for the Eighth Circuit · 2015
- John Stoebner v. Opportunity Finance, LLCCourt of Appeals for the Eighth Circuit · 2018
- Matter of Trusts Created by HormelCourt of Appeals of Minnesota · 1993
- Hafen v. HowellCourt of Appeals for the Tenth Circuit · 2024
45 more not listed; retrieve them via the Exa API.