DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
191079P.pdf 09/11/2020 Douglas A. Kelley v. Gus Boosalis
U.S. Court of Appeals Case No: 19-1079
and No: 19.2376
and No: 19-2382
and No: 19-2452
U.S. District Court for the District of Minnesota
[PUBLISHED] [Loken, Author, with Benton and Kelly, Circuit Judges]
Civil case - Bankruptcy. In this action, the Chapter 11 Trustee for the
Petters bankruptcy sought to claw back interest paid to early lenders in
the Petters Ponzi scheme; a jury found the interest payments to defendant
Boosalis were fraudulent transfers under the Minnesota Uniform Fraudulent
Transfers Act; following the jury verdict, the court granted the Trustee's
motion for summary judgment against defendants Papadimos and Kanios; Held:
the district court erred in instructing the jury on the statute's elements
of "good faith" and "reasonably equivalent value" and the judgment for the
Trustee is reversed and the case remanded; further, the court erred in
granting summary judgment for the Trustee against Papadimos and Kanios
because it erred in applying the Minnesota Supreme Court's controlling
decision on the statute and the Minnesota law of void contracts; in both
cases, the district court erred in concluding that Minnesota rather than
federal law governed the award of prejudgment interest. Reversed and
remanded for further proceedings. Judge Kelly, concurring in part and
dissenting in part.