Legal Opinion

In Re Hedged-Investments Associates, Inc., Debtor. Harvey Sender, Trustee v. The Nancy Elizabeth R. Heggland Family Trust, and Radoy W. Heggland

Court of Appeals for the Tenth Circuit

Decided February 13, 1995No. 94-1027PublishedCited by 78 opinions

1Opinion of the Court

BRORBY, Circuit Judge.

The Nancy Elizabeth R. Heggland Family Trust and Radoy W. Heggland (referred to collectively as the “Heggland Trust”) appeal the district court’s decision affirming the bankruptcy court’s determination that a payment made to the Heggland Trust by Hedged Investments Associates, Inc., was void as a preference. We have jurisdiction under 28 U.S.C. § 158(d), and affirm.

BACKGROUND 1

This case arises from an investment “Pon-zi” scheme 2 perpetrated by James Donahue and his wholly-owned corporation, Hedged Investments Associates, Inc. (HIA), via three limited partnerships:…

2Cases cited16 opinions

  1. Cunningham v. BrownSupreme Court of the United States · 1924
  2. Merrill v. Abbott (In Re Independent Clearing House Co.)District Court, D. Utah · 1987
  3. 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
  4. Merrill v. Abbott (In Re Independent Clearing House Co.)United States Bankruptcy Court, D. Utah · 1984
  5. David H. Rosenberg, Trustee in Bankruptcy v. Charles E. CollinsCourt of Appeals for the Fifth Circuit · 1980

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3Cited by78 opinions

  1. Romano v. GibsonCourt of Appeals for the Tenth Circuit · 2001
  2. In Re M & L Business Machine Company, Inc.Court of Appeals for the Tenth Circuit · 1996
  3. Comm. Fut. L. Rep. P 26,490 United States of America v. William R. Kennedy, Jr.Court of Appeals for the Tenth Circuit · 1995
  4. Securities & Exchange Commission v. ThompsonCourt of Appeals for the Tenth Circuit · 2013
  5. Sender v. Buchanan (In Re Hedged-Investments Associates, Inc.)Court of Appeals for the Tenth Circuit · 1996

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