8th Circ. Won't Revive Fraudster's US Adversary Suit
By Stewart Bishop
Law360, New York (February 12, 2014, 3:34 PM ET) -- An Eighth Circuit panel on Wednesday upheld a Nebraska bankruptcy court’s dismissal of an adversary suit brought by a former financial adviser convicted of securities fraud that disputed a $6.8 million restitution order, saying bankruptcy court is the wrong forum to challenge his criminal conviction.
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit said the suit brought by former 21st Century Financial Group Inc. owner Bryan Behrens was properly tossed, and if Behrens has a valid and compelling argument challenging the validity of the criminal...