green
Positive treatment
6.0 score
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
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
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
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)
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.
v.
Kenneth P. SILVERMAN, Chapter 7 Trustee of Agape World, Inc.
No. 16-10.
Supreme Court of the United States.
Oct 3, 2016.
Published
Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.