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IN RE McCARN'S ALLSTATE FINANCE, INC.

Bankruptcy No. 02-19766-8W7, Adversary No. 03-0566, Adversary No. 03-0568, Adversary No. 03-0570, Adversary No. 03-0682, Adversary No. 03-0652.

326 B.R. 843 (2005)

In re McCARN'S ALLSTATE FINANCE, INC., Debtor(s). Andrea P. Bauman, Chapter 7 Trustee, Plaintiff(s), v. Ray Bliese, Robert G. Burchette, Jr., Edward Camp, Richard V. Coyer, National Exchange, Inc., Defendants.

United States Bankruptcy Court, M.D. Florida, Tampa Division.

June 30, 2005.

Attorney(s) appearing for the Case

Keith S. Shotzberger, Noel Boeke, Maegen E. Peek, Holland & Knight LLP, Tampa, FL, for Chapter 7 Trustee.

Roberta A. Colton, Nathan A. Carney, Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A., Tampa, FL, for Defendant Edward Camp.

Herbert R. Donica, Tampa, FL, for Debtor.

MEMORANDUM OPINION ON MOTIONS FOR SUMMARY JUDGMENT

MICHAEL G. WILLIAMSON, Bankruptcy Judge.

A "Ponzi scheme" is a fraudulent investment arrangement in which returns to investors come from monies obtained from new investors rather than an underlying business enterprise. Establishing the existence of a Ponzi scheme is sufficient to prove a debtor's actual intent to defraud under either the Bankruptcy Code fraudulent transfer provision found in Bankruptcy...

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