Cullin v. Silverman, 137 S. Ct. 160 (2016). · Go Syfert
Cullin v. Silverman, 137 S. Ct. 160 (2016). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 2 distinct courts.
Strongest positive: Securities Investor Protection Corporation v. Bernard L. Madoff Investment Securities, LLC. et a (nysb, 2019-11-21)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited "see, e.g." Securities Investor Protection Corporation v. Bernard L. Madoff Investment Securities, LLC. et a
Bankr. S.D.N.Y. · 2019 · signal: see also · confidence low
In fact, “virtually every court to address the question has held that to the extent that investors have received payments in excess of the amounts they have invested, those payments are voidable as fraudulent transfers.” Bayou, 439 B.R. at 337 (citations and internal quotation marks omitted); accord Omnibus Good Faith Decision, 531 B.R. at 462 ; see also Silverman v. Cullin (In re Agape World, Inc.), 633 F. App’x 16, 17 (2d Cir.) (noting that the “prevailing view” among district and bankruptcy courts in the Second Circuit is to treat the payment of interest in Ponzi schemes as fraudu…
discussed Cited "see, e.g." Irving H. Picard trustee for the liquidation of Be v. Nelson
Bankr. S.D.N.Y. · 2019 · signal: see also · confidence low
In fact, “virtually every court to address the question has held that to the extent that investors have received payments in excess of the amounts they have invested, those payments are voidable as fraudulent transfers.” Bayou, 439 B.R. at 337 (citations and internal quotation marks omitted); accord Omnibus Good Faith Decision, 531 B.R. at 462 ; see also Silverman v. Cullin (In re Agape World, Inc.), 633 F. App’x 16, 17 (2d Cir.) (noting that the “prevailing view” among district and bankruptcy courts in the Second Circuit is to treat the payment of interest in Ponzi schemes as fraudu…
discussed Cited "see, e.g." Irving H. Picard, Trustee for the Liquidation of B v. Nelson
Bankr. S.D.N.Y. · 2019 · signal: see also · confidence low
In fact, “virtually every court to address the question has held that to the extent that investors have received payments in excess of the amounts they have invested, those payments are voidable as fraudulent transfers.” Bayou, 439 B.R. at 337 (citations and internal quotation marks omitted); accord Omnibus Good Faith Decision, 531 B.R. at 462 ; see also Silverman v. Cullin (In re Agape World, Inc.), 633 F. App’x 16, 17 (2d Cir.) (noting that the “prevailing view” among district and bankruptcy courts in the Second Circuit is to treat the payment of interest in Ponzi schemes as fraudu…
discussed Cited "see, e.g." Sec. Investor Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC (In re Madoff)
unknown court · 2019 · signal: see also · confidence low
See, e.g. , Lowrey II , 596 B.R. at 464 ("where defendants seek rescission and have received full repayment on the principal investment, they have no freestanding interest claim") (quoting Antecedent Debt Decision , 499 B.R. at 422 ); Antecedent Debt Decision , 499 B.R. at 421 n. 4 ; Greiff , 476 B.R. at 725 (ruling that transfers in excess of principal were not "for value" and noting that "every circuit court to address this issue has concluded that an investor's profits from a Ponzi scheme, whether paper profits or actual transfers, are not 'for value' "); Omnibus Good Faith Decision , 531 B…
Retrieving the full opinion text from the archive…
Karen CULLIN
v.
Kenneth P. SILVERMAN, Chapter 7 Trustee of Agape World, Inc.
No. 16-10.
Supreme Court of the United States.
Oct 3, 2016.
137 S. Ct. 160
2016 WL 3552451
Published

Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.