Legal Opinion

Sender v. Bronze Group, LTD.

Court of Appeals for the Tenth Circuit

Decided August 26, 2004No. 02-1191, 02-1192PublishedCited by 68 opinions

1Opinion of the Court

EBEL, Circuit Judge.

This case is the latest to arise from the bankruptcy of Hedged Investments Associates, Inc. (HIA), a stock investment Pon-zi scheme which was run for thirteen years by James Donahue until it finally collapsed in the fall of 1990. This long-running dispute again before us concerns the proper distribution of the assets in the bankruptcy estate.

In this appeal, certain equity investors in HIA and its affiliated entities (Appellants) ask us to reverse the district court’s decision refusing to recharacterize as an equity investment a loan advanced to HIA by Defendant-Appellee…

2Cases cited17 opinions

  1. In the Matter of Mobile Steel Company, Debtor. Elaine E. Benjamin v. Lester Y. Diamond, as Trustee in Bankruptcy for Mobile Steel, Inc.Court of Appeals for the Fifth Circuit · 1977
  2. In Re Robert J. Young and Donna M. Young, Debtors. Fowler Brothers v. Robert J. Young and Donna M. YoungCourt of Appeals for the Tenth Circuit · 1996
  3. United States v. NolandSupreme Court of the United States · 1996
  4. United States v. Reorganized CF&I Fabricators of Utah, Inc.Supreme Court of the United States · 1996
  5. In Re Guy Benny Brown, Debtor. Ronald D. Gullickson v. Guy Benny BrownCourt of Appeals for the Tenth Circuit · 1997

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3Cited by68 opinions

  1. Official Committee of Unsecured Creditors v. Hancock Park Capital II, L.P.Court of Appeals for the Ninth Circuit · 2013
  2. In Re Official Committee of Unsecured Creditors for Dornier Aviation (North America), Incorporated Fairchild Dornier Gmbh, Debtors. Fairchild Dornier Gmbh Doctor Eberhard Braun, Debtors-Appellants v. The Official Committee of Unsecured Creditors (The Plan Monitoring Committee), Creditor-AppelleeCourt of Appeals for the Fourth Circuit · 2006
  3. Federal Communications Commission v. Airadigm Communications, Inc.Court of Appeals for the Seventh Circuit · 2010
  4. Grossman v. Lothian Oil Inc.Court of Appeals for the Fifth Circuit · 2011
  5. Autobacs Strauss, Inc. v. Autobacs Seven Co. (In re Autobacs Strauss, Inc.)United States Bankruptcy Court, D. Delaware · 2012

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