Legal Opinion

In Re Dow Corning Corp.

United States Bankruptcy Court, E.D. Michigan

Decided February 15, 1996No. 19-42766PublishedCited by 6 opinions

1Opinion of the Court

OPINION ON CONSTRUCTIVE TRUSTS IN BANKRUPTCY

ARTHUR J. SPECTOR, Bankruptcy Judge.

Introduction

This dispute requires the interpretation not just of the holding of a recently-decided case, but its ratio decidendi as well. Specifically, I must decide HOW the Court of Appeals for the Sixth Circuit decided as it did in XL/Datacomp, Inc. v. Wilson (In re Omegas Group, Inc.), 16 F.3d 1443 (6th Cir.1994).

No one disputes the facts, which were stated in the movant’s original motion (“Motion”). As set forth there, Wilfarm LLC is a customer of Dow Coming Corporation (the “Debtor”). On March 7 and 8, 1995,…

2Cases cited43 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
  3. Barnhill v. JohnsonSupreme Court of the United States · 1992
  4. Cunningham v. BrownSupreme Court of the United States · 1924
  5. In Re Gerald JOHNSON, Bankrupt, CARLISLE CASHWAY, INC., Plaintiff-Appellant, v. Gerald JOHNSON, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1982

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3Cited by6 opinions

  1. In Re Dow Corning Corp.United States Bankruptcy Court, E.D. Michigan · 1996
  2. Mullins v. Burtch (In Re Paul J. Paradise & Associates, Inc.)District Court, D. Delaware · 2000
  3. CRS Steam, Inc. v. Engineering Resources, Inc. (In Re CRS Steam, Inc.)United States Bankruptcy Court, D. Massachusetts · 1998
  4. Fibre Form Corp. v. Slamin (In Re Nova Tool & Engineering, Inc.)District Court, N.D. Indiana · 1998
  5. VanKirk v. Boyer (In re Barnes)United States Bankruptcy Court, N.D. Indiana · 2000

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