Legal Opinion

Kelly v. BMO Harris Bank N.A. (In re Peters Co.)

United States Bankruptcy Court, D. Minnesota

Decided February 24, 2017No. Jointly Administered under BKY 08-45257; ADV 12-4288PublishedCited by 6 opinions

1Opinion of the Court

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS

KATHLEEN H. SANBERG, CHIEF UNITED STATES BANKRUPTCY JUDGE

This adversary proceeding originates from the failure of the Petters Ponzi *158scheme orchestrated by Thomas J. Petters and his associates, the history of which has been well documented in this district as well as others nationwide.1 Liquidating Trustee Douglas A. Kelley (“Plaintiff’) filed this adversary proceeding against BMO Harris Bank N.A., as successor to M & I Marshall and Ilsley Bank (“Defendant”), alleging violations of the Minnesota Uniform Fiduciaries Act (“MUFA”),…

2Cases cited76 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Warth v. SeldinSupreme Court of the United States · 1975
  3. Pepper v. LittonSupreme Court of the United States · 1939
  4. Joseph Osborn and Pamela Osborn, Individually and as Father and Mother and Guardians Ad Litem of Shawna Osborn v. United StatesCourt of Appeals for the Eighth Circuit · 1990
  5. O'Melveny & Myers v. Federal Deposit InsuranceSupreme Court of the United States · 1994

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3Cited by6 opinions

  1. BMO Harris Bank N.A., as Successor to M&I Marshall and Ilsley Bank v. KelleyDistrict Court, D. Minnesota · 2020
  2. Hughes v. Canadian National Railway CompanyDistrict Court, D. Minnesota · 2023
  3. Kelley v. BMO Harris Bank N.A., as successor to M&I Marshall and IIsley BankDistrict Court, D. Minnesota · 2020
  4. Kelley v. BMO Harris Bank N.A., as successor to M&I Marshall and IIsley BankDistrict Court, D. Minnesota · 2022
  5. Ritchie Capital Management, L.L.C. v. JPMorgan Chase & Co.District Court, D. Minnesota · 2021

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