Legal Opinion
Merrill v. Abbott (In Re Independent Clearing House Co.)
United States Bankruptcy Court, D. Utah
Decided August 6, 1984No. 19-20973PublishedCited by 144 opinions
1Opinion of the Court
MEMORANDUM OPINION
JOHN H. ALLEN, Bankruptcy Judge.
INTRODUCTION
An unusual situation is presented in this proceeding. These are two thousand adversary complaints filed by the trustee against investors in a “Ponzi” scheme to recover alleged preferences and fraudulent conveyances. 1 The proceedings were consolidated for trial by order of this Court. Defendants contend that the funds sought to be recovered by the trustee were impressed with a constructive trust in their favor and never became property of the debtors’ estate, and thus are not recoverable by the trustee.
BACKGROUND
Independent…
2Cases cited179 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- Katchen v. LandySupreme Court of the United States · 1966
- Quinn v. Syracuse Model Neighborhood Corp.Court of Appeals for the Second Circuit · 1980
174 more not listed; retrieve them via the Exa API.
3Cited by144 opinions
- IBT International, Inc. v. Northern (In Re International Administrative Services, Inc.)Court of Appeals for the Eleventh Circuit · 2005
- Merrill v. Abbott (In Re Independent Clearing House Co.)District Court, D. Utah · 1987
- In Re Bullion Reserve of North America, a California Corporation, Curtis B. Danning, Chapter 7 Trustee v. Theodore P. BozekCourt of Appeals for the Ninth Circuit · 1988
- Balaber-Strauss v. Sixty-Five Brokers (In Re Churchill Mortgage Investment Corp.)United States Bankruptcy Court, S.D. New York · 2000
- In Re M & L Business Machine Company, Inc.Court of Appeals for the Tenth Circuit · 1996
139 more not listed; retrieve them via the Exa API.