No. 00-1381.

275 F.3d 924 (2001)

In re Bryan K. FOSTER, Debtor. Jeffrey L. HILL, Trustee, Plaintiff-Appellant, v. Dale KINZLER, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 26, 2001.

Attorney(s) appearing for the Case

Mark A. Redmiles, Senn Lewis & Visciano, P.C., Denver, CO, for Plaintiff-Appellant.

Garry R. Appel of Appel & Lucas, Denver, CO, for Defendant-Appellee.

Before MURPHY and BALDOCK, Circuit Judges, and VAN BEBBER, District Judge.

BALDOCK, Circuit Judge.

This is an appeal from a district court order affirming the bankruptcy court's imposition of a constructive trust on funds the Debtor fraudulently obtained from Defendant. The bankruptcy court ruling permits Defendant to retain a series of post-petition transfers the Trustee sought to avoid. We have jurisdiction pursuant to 28 U.S.C. § 1291. We reverse and remand.


The Debtor, Bryan K. Foster ("Foster"), operated several...

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