KELLEY v. BMO HARRIS BANK NATIONAL ASSOCIATION

Nos. 23-2551, 23-2632.

Douglas A. Kelley, in his capacity as the Trustee of the BMO Litigation Trust, Appellee, v. BMO Harris Bank National Association, as successor to M&I Marshall and Ilsley Bank, Appellant, The Bank Policy Institute; Securities Industry and Financial Markets Association; Chamber of Commerce of the United States of America, Amici on Behalf of Appellant(s), National Association of Federal Equity Receivers, Amicus on Behalf of Appellee(s), Douglas A. Kelley, in his capacity as the Trustee of the BMO Litigation Trust, Appellant, v. BMO Harris Bank National Association, as successor to M&I Marshall and Ilsley Bank, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 12, 2024.

Amended: September 12, 2024.


This appeal is the latest in a series of disputes arising from Thomas Petters's multibillion-dollar Ponzi scheme. When the scheme collapsed, a federal district court placed one of his companies, Petters Company, Inc. (PCI), in a receivership and appointed Douglas Kelley as a receiver. PCI then filed for bankruptcy, and Kelley...

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