IN RE INDEPENDENT CLEARING HOUSE CO.

Bankruptcy Nos. 81A-02886, 81A-02887 and 81A-03704, Adv. No. 83PA-0986.

41 B.R. 985 (1984)

In re INDEPENDENT CLEARING HOUSE COMPANY, a Trust, Debtor. In re UNIVERSAL CLEARING HOUSE COMPANY, a Trust, aka National Clearing House Company, a Trust, Debtor. In re ACCOUNTING SERVICES COMPANY, a Trust, Debtor. Robert D. MERRILL, Trustee, v. David ABBOTT, et al., Defendants.

United States Bankruptcy Court, D. Utah.

August 6, 1984.


Attorney(s) appearing for the Case

William G. Fowler and Michael N. Zundel, Roe, Fowler & Moxley, Salt Lake City, Utah, for trustee.

Daniel W. Jackson and Jeffrey W. Wilkinson, Bradley, Arrowsmith & Jackson, Salt Lake City, Utah, for 322 defendants.

Gary A. Frank, Murray, Utah, for 238 defendants.

Richard H. Casper, Ray, Quinney & Nebeker, Salt Lake City, Utah, for Briant H. Summerhays.

Jeffrey C. Zimmerman, Fabian & Clendenin, Salt Lake City, Utah, for Sur. Nat. Bank.

Edwin F. Guyon, Guyon & Guyon, Salt Lake City, Utah, for David Ashby.

Kathleen M. Nelson, Bountiful, Utah, for Fern Moser and Ron Schooley.

William B. Parsons III, Pace, Klimt, Wunderli & Parsons, Salt Lake City, Utah, for American Factoring and Edward and Mark Lemmon.

Don L. Bybee, Salt Lake City, Utah, for Fred and Elaine Kennedy.

Richard F. Bojanowski, Salt Lake City, Utah, for David L. Barfuss Family Trust, Carl and Susan Benson and Marian L. Benson.

Joseph C. Fratto, Jr., Salt Lake City, Utah, for Harry B. Young and Johnson & Brown.

George H. Mortimer, Provo, Utah, for C. Dean Packer.

Dale F. Gardiner, Salt Lake City, Utah, for David and Nancy Herbert, and Antje and Hilkina Thompson.

Claude C. Richards, Provo, Utah, for Joseph E. Wood.

Clinton Williams, pro se.


MEMORANDUM OPINION

JOHN H. ALLEN, Bankruptcy Judge.

INTRODUCTION

An unusual situation is presented in this proceeding. These are two thousand adversary complaints filed by the trustee against investors in a "Ponzi" scheme to recover alleged preferences and fraudulent conveyances.1 The proceedings were consolidated for trial by order of this Court. Defendants contend that the...

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