Legal Opinion
Chbat v. Tleel (In Re Tleel)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided October 5, 1987No. BAP No. CC 86-1787 MoVMe, Bankruptcy No. SA 84-04981 PE, Adv. No. SA 85-0292 PEPublishedCited by 4 opinions
1Opinion of the Court
OPINION
This appeal concerns the contention by appellant that he is entitled to a constructive trust in the proceeds of the sale of a parcel of real property. The trial court, in granting summary judgment on behalf of the trustee, held that the plaintiff could not prevail against the trustee by virtue of 11 U.S.C. Section 544. We agree.
FACTS
The Tleels, appellees/debtors, acquired a parcel of commercial property in August 1978. The purchase initially involved several parties, including the appellant, Chbat. However, upon completion of the purchase, the Tleels obtained the entire interest in the…
2Cases cited6 opinions
- QUALITY HOLSTEIN LEASING v. McKENZIECourt of Appeals for the Fifth Circuit · 1985
- In Re North American Coin & Currency, Ltd.Court of Appeals for the Ninth Circuit · 1985
- 13 Collier bankr.cas.2d 1400, Bankr. L. Rep. P 70,902 in Re Lewis W. Shurtleff, Inc. And Frontier Properties, Inc., Debtors. Thomas D. Elliott, Trustee v. Frontier Properties/lp 102/meadow Glen Arms/79Court of Appeals for the Ninth Circuit · 1986
- Torrez v. Torrez (In Re Torrez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
- American Federation of State, County & Municipal Employees, Local 2051 v. Stephens (In Re Stephens)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1985
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3Cited by4 opinions
- In Re Samir B. Tleel Lupana Tleel, Debtors Joseph N. Chbat v. Samir B. Tleel Lupana Tleel Robert A. Fischer, TrusteeCourt of Appeals for the Ninth Circuit · 1989
- National Bank of Alaska, N.A. v. Seaway Express Corp. (In Re Seaway Express Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989
- Decker v. J. Cyril Johnson Corp. Profit Sharing Plan (In Re Harvey)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
- Ironworkers Combined Fund v. Society Bank of Eastern Ohio, N.A. (In re Gibbons-Grable Co.)United States Bankruptcy Court, N.D. Ohio · 1989