Legal Opinion

In Re Faber's, Inc.

District Court, D. Connecticut

Decided May 16, 1973No. H-10857PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM OF DECISION ON PETITION FOR REVIEW

BLUMENFELD, District Judge.

Faber’s, Inc., is a bankrupt retail carpet dealer with stores in Massachusetts and Connecticut. After adjudication of bankruptcy, forty-five consumers who had given cash deposits for undelivered carpets filed a petition to have a constructive trust or lien imposed upon the deposits. Imposition of such a trust would mean that the deposits would be excluded from the bankrupt’s estate. Since trust property is exempt from the distributional rules of the Bankruptcy Act, 11 U.S.C. § 1 et seq., see 4A Collier on Bankruptcy (14th…

2Cases cited18 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Illinois v. City of MilwaukeeSupreme Court of the United States · 1972
  3. Nicholas v. United StatesSupreme Court of the United States · 1966
  4. Jaffke v. DunhamSupreme Court of the United States · 1957
  5. United States v. RandallSupreme Court of the United States · 1971

13 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. In the Matter of Kennedy & Cohen, Inc. State of Wisconsin v. Melvin Reese, TrusteeCourt of Appeals for the Fifth Circuit · 1980
  2. Thunderbird Motor Freight Lines, Inc. v. Penn-Dixie Steel Corp. (In Re Penn-Dixie Steel Corp.)United States Bankruptcy Court, S.D. New York · 1980
  3. In Re Carrozzella & RichardsonBankruptcy Appellate Panel of the Second Circuit · 2000
  4. Turner v. Emmons & Wilson, Inc. (In Re Minton Group, Inc.)United States Bankruptcy Court, S.D. New York · 1983
  5. Heyman v. KempCourt of Appeals for the Seventh Circuit · 1981

10 more not listed; retrieve them via the Exa API.

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