Legal Opinion

Firestone Tire & Rubber Co. v. Goldblatt Bros. (In Re Goldblatt Bros.)

United States Bankruptcy Court, N.D. Illinois

Decided June 3, 1986No. 19-00580PublishedCited by 30 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER AS TO COUNT I

JACK B. SCHMETTERER, Bankruptcy Judge.

Plaintiff Firestone Tire & Rubber Company (“Firestone”) sued debtor/defendant Goldblatt Bros., Inc. (“Goldblatt”) in five counts for failure to remit Firestone’s funds held by Goldblatt on the date of its bankruptcy filing:

Count I — Implied trust

Count II — Fraud and constructive trust

Count III — Agency

Count IV — Breach of fiduciary duty and constructive trust

Count V — Unjust enrichment.

Through a series of rulings described below, the District Court found the liability issue against defendant on Count I. Firestone…

2Cases cited20 opinions

  1. Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
  2. Burtell v. First Charter Service Corp.Illinois Supreme Court · 1979
  3. In Re FisherUnited States Bankruptcy Court, D. Kansas · 1983
  4. In Re Stack Steel & Supply Co.United States Bankruptcy Court, W.D. Washington · 1983
  5. Ervin v. Sears, Roebuck & Co.Appellate Court of Illinois · 1984

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3Cited by30 opinions

  1. Charles W. GRANT, Ronald Bergwerk, Plaintiffs-Appellants, v. GEORGE SCHUMANN TIRE & BATTERY COMPANY, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1990
  2. In the Matter of Al Copeland Enterprises, Inc., Debtors. Al Copeland Enterprises, Inc. v. State of TexasCourt of Appeals for the Fifth Circuit · 1993
  3. In re Fesco Plastics Corp.Court of Appeals for the Seventh Circuit · 1993
  4. In Re Pester Refining Company, Debtor. Pester Refining Company v. Ethyl Corporation, in Re Pester Refining Company, Debtor. Pester Refining Company v. Ethyl Corporation, the Official Unsecured Creditors Committee, Intervenor Below. In Re Pester Refining Company, Debtor. Pester Refining Company v. Ethyl Corporation, the Official Unsecured Creditors Committee, Intervenor BelowCourt of Appeals for the Eighth Circuit · 1992
  5. In Re Coram Healthcare Corp.United States Bankruptcy Court, D. Delaware · 2004

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