U.S. v. ASSET BASED RESOURCE GROUP, LLC

No. 09-2548.

612 F.3d 1017 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. ASSET BASED RESOURCE GROUP, LLC, as successor servicer to Acorn Capital Group, LLC, Creditor-Appellant, Thomas Joseph Petters, doing business as Petters Company, Inc., doing business as Petters Group Worldwide, LLC, doing business as PCI; Deanna Coleman, also known as Deanna Munson; Robert White; James Wehmhoff; Larry Reynolds, doing business as Nationwide International Resources, also known as NIR; Michael Catain, doing business as Enchanted Family Buying Company; Frank E. Vennes, Jr., doing business as Metro Gem Finance, doing business as Metro Gem Inc., doing business as Grace Offerings of Florida LLC, doing business as Metro Property Financing, LLC, doing business as 38 E. Robinson, LLC, doing business as 55 E. Pine, LLC, doing business as Orlando Rental Pool, LLC, doing business as 100 Pine Street Property, LLC, doing business as Orange Street Tower, LLC, doing business as Cornerstone Rental Pool, LLC, doing business as 2 South Orange Avenue, LLC, doing business as Hope Commons, LLC, doing business as Metro Gold, Inc., Defendants-Appellees, Allen J. Munson, Movant-Appellee, Minnwest Bank M.V.; Minnwest Bank Metro, Intervenors-Appellees, Douglas Arthur Kelley, Receiver-Appellee, Gary Hansen, Receiver-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 16, 2010.


Attorney(s) appearing for the Case

Thomas Henry Boyd, argued, Daniel Beck, Michael A. Rosow, Gerald H. Fornwald, on the brief, Minneapolis, MN, for appellant.

Terrence J. Fleming, argued, Sandra S. Smalley-Fleming, Christopher Anton Grgurich, Gregory G. Brooker, John R. Marti, Joseph T. Dixon, III, Robyn A. Millenacker, David W. Fuller, on the brief, Minneapolis, MN, for appellee.

Before WOLLMAN, SMITH, and BENTON, Circuit Judges.


PER CURIAM.

Petters Aircraft Leasing, LLC, acquired two airplanes from C.I.T. Leasing Corporation in the summer of 2007. PAL borrowed $21.5 million from Acorn Capital Group, LLC, for the down payments. In October 2008, Douglas Arthur Kelley was appointed receiver of PAL (and other assets of Thomas Joseph Petters). See 18 U.S.C. § 1345. The district court1 approved a foreclosure agreement between PAL and CIT. The agreement has...

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