Davis v. Cox

After apparently accepting the bankruptcy court’s cogent interpretation of the applicable legal principles, see In re Cox, 274 B.R. 13, 26-30 (Bankr.D.Me.2002),17 the majority predicates its reversal upon the contention that the particular facts of this case warrant extraordinary equitable relief — viz., the impressment of a constructive or resulting trust upon the otherwise exempt Advest IRA — so as to preclude Cox from unjustly and unilaterally retaining marital property which rightly belonged to the joint marital estate. As its tenuous prediction of Maine law is improvident and its…