Legal Opinion
Hill v. Kinzler
Court of Appeals for the Tenth Circuit
Decided December 26, 2001No. 00-1381PublishedCited by 38 opinions
1Opinion of the Court
BALDOCK, Circuit Judge.
This is an appeal from a district court order affirming the bankruptcy court’s imposition of a constructive trust on funds the Debtor fraudulently obtained from Defendant. The bankruptcy court ruling permits Defendant to retain a series of post-petition transfers the Trustee sought to avoid. We have jurisdiction pursuant to 28 U.S.C. § 1291. We reverse and remand.
I
The Debtor, Bryan K. Foster (“Foster”), operated several “Ponzi” investment schemes whereby returns to investors were paid not from profits derived from an underlying business venture, but with funds received…
2Cases cited9 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Cunningham v. BrownSupreme Court of the United States · 1924
- In Re Omegas Group, Inc., Debtor. Xl/datacomp, Inc., Plaintiff-Appellant/cross-Appellee v. John R. Wilson, Trustee, Defendant-Appellee/cross-AppellantCourt of Appeals for the Sixth Circuit · 1994
- In Re O.J. OSBORN and Roma Lou Osborn, Debtors. O.J. OSBORN and Roma Lou Osborn, Appellants, v. DURANT BANK & TRUST COMPANY, AppelleeCourt of Appeals for the Tenth Circuit · 1994
- In the Matter of Southmark Corporation, Debtor. Southmark Corporation v. Joseph GroszCourt of Appeals for the Fifth Circuit · 1995
4 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Arias v. Gutman, Mintz, Baker & Sonnenfeldt LLPCourt of Appeals for the Second Circuit · 2017
- United States v. Ehab CoriatyCourt of Appeals for the Second Circuit · 2002
- United States v. AndrewsCourt of Appeals for the Tenth Circuit · 2008
- Ahammed v. Securities Investor Protection Corp. (In re Primeline Securities Corp.)Court of Appeals for the Tenth Circuit · 2002
- CGC Holding Company v. HutchensCourt of Appeals for the Tenth Circuit · 2020
33 more not listed; retrieve them via the Exa API.