Legal Opinion
Tow v. Exxon Mobil Corp. (In re ATP Oil & Gas Corp.)
United States Bankruptcy Court, S.D. Texas
Decided June 7, 2016No. CASE NO: 12-36187; ADVERSARY NO. 15-3174Published
1Opinion of the Court
MEMORANDUM OPINION
Marvin Isgur, UNITED STATES BANKRUPTCY JUDGE
Exxon Mobil Corporation’s motion for summary judgment is denied. The doctrine of constructive trust is not recognized in Louisiana. Accordingly, the $764,723.11 payment to Exxon constituted property of the estate.
Background
ATP Oil & Gas Corporation and Exxon entered into an Offshore Operating Agreement on December 20, 1994, covering the Grand Isle Field off the coast of Louisiana. (ECF No. 16 at 2-3). Pursuant to the Operating Agreement, ATP was the operator while Exxon held a non-operating working interest. Section 8.1 of the…
2Cases cited32 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Stern v. MarshallSupreme Court of the United States · 2011
- Turner v. Baylor Richardson Medical CenterCourt of Appeals for the Fifth Circuit · 2007
- City and County of San Francisco v. SheehanSupreme Court of the United States · 2015
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