BOZEK

v.

DANNING, CHAPTER 7 TRUSTEE

Citator

Cited By

• In re Cal. Trade Tech. Schs., Inc. v. United States, 923 F.2d 641 (9th Cir. 1991)
  …fer had not been made and the debtor’s estate was liquidated according to the provisions of the Bankruptcy Code. 11 U.S.C. § 547(b) (1982); Danning v. Bozek (In re Bullion Reserve of North America), 836 F. 2d 1214, 1217 (9th Cir.1988), cert. denied, 486 U.S. 1056, 108 S.Ct. 2824, 100 L.Ed.2d 925 (1988).3 In order to avoid a transfer as a preference under section 547, the trustee must also establish that the property involved was property of the debtor such that the transfer diminishes the fund from which ban…
• Carriers Container Council, Inc. v. Mobile S.S. Assoc., Inc., 948 F.2d 1219 (11th Cir. 1991)
  …ing that interest on the unpaid contributions was due "from the date of the deficiency until the date the deficiency is paid.” South Cent. United Food & Commercial Workers Unions v. C & G Markets, Inc., 836 F. 2d 221, 225 (5th Cir.), cert. denied, 486 U.S. 1056, 108 S.Ct. 2823, 100 L.Ed.2d 924 (1988). However, that holding is inconclusive because it is unclear whether the Fifth Circuit intended "date of the deficiency” to mean the due date of the first contribution, the respective due date of each contrib…

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• Henderson v. Buchanan, 985 F.2d 1021 (9th Cir. 1993)
  …onzi scheme is not a business, and that transfers related to the scheme are not within the “ordinary course of business.” Id. at 216-17; accord Banning v. Bozek (In re Bullion Reserve of North America), 836 F. 2d 1214, 1219 (9th Cir.), cert. denied, 486 U.S. 1056, 108 S.Ct. 2824, 100 L.Ed.2d 925 (1988). The Menicuc-cis do not contest the conclusion that Buchanan and Vogt operated USSL as a Ponzi scheme. The payments to the Menicuccis and to MIS therefore could not have been made in the ordinary course of bus…