Goldberg v. Bank of Alex Brown (In Re Goldberg)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
RUSSELL, Bankruptcy Judge:
The debtor and his wife received two refund checks, one from a real estate seller and another from an escrow company. The escrow company issued their refund check by mistake. The debtor deposited both checks. The appellee sought imposition of a constructive trust on the debtor’s subsequently purchased home based on the mistaken cheek. The bankruptcy court imposed a constructive trust on the residence. The debtor appeals. We AFFIRM.
I. FACTS
In February 1987, the appellant, Franklin Goldberg and his wife, Juna Goldberg (“Goldbergs”) entered into a contract with…
2Cases cited15 opinions
- Swann v. Charlotte-Mecklenburg Board of EducationSupreme Court of the United States · 1971
- Hoptowit v. RayCourt of Appeals for the Ninth Circuit · 1982
- Martin v. KehlCalifornia Court of Appeal · 1983
- Stone v. City & County of San FranciscoCourt of Appeals for the Ninth Circuit · 1992
- Voest-Alpine Trading USA Corp. v. Vantage Steel Corp.Court of Appeals for the Third Circuit · 1990
10 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Peugeot v. United States Trustee (In Re Crayton)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
- In Re Marion Seidler, Debtor. Thomas Russo, Dorothy Russo v. Marion SeidlerCourt of Appeals for the Eleventh Circuit · 1995
- Canino v. Bleau (In Re Canino)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- In Re Advent Management Corporation, Debtor. Taylor Associates v. Lawrence A. Diamant, Chapter 7 TrusteeCourt of Appeals for the Ninth Circuit · 1997
- Bitters v. Networks Electronic Corp. (In Re Networks Electronic Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
12 more not listed; retrieve them via the Exa API.