Legal Opinion

Texas Commerce Bank-El Paso, National Ass'n v. Marsh Media of El Paso (In re Carolin Paxson Advertising, Inc.)

Court of Appeals for the Fifth Circuit

Decided August 13, 1991No. 90-8675PublishedCited by 11 opinions

1Opinion of the Court

EDITH H. JONES, Circuit Judge:

The issue in this case is whether the bankruptcy court properly imposed a constructive trust on certain assets held by a Chapter 7 debtor. Finding that Appellees *597were not entitled to this equitable remedy, we reverse and remand.

I

Carolin Paxson Advertising, Inc. (“Pax-son”) was an advertising agency in El Paso, Texas for approximately fifteen years. Paxson served its clients primarily by purchasing air-time on their behalf from various local television and radio stations, including Marsh Media of El Paso d/b/a KVIA-TV and KINT-TV Channel 26 (the “Stations”). In…

2Cases cited20 opinions

  1. Thigpen v. LockeTexas Supreme Court · 1962
  2. Newspapers, Inc. v. LoveTexas Supreme Court · 1964
  3. Lubbock Feed Lots, Inc., and Lockney Cooperative Gin v. Iowa Beef Processors, Inc.Court of Appeals for the Fifth Circuit · 1980
  4. In Re Auto-Train Corporation, Inc.Court of Appeals for the D.C. Circuit · 1987
  5. Jung Fu Chien v. ChenCourt of Appeals of Texas · 1988

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3Cited by11 opinions

  1. In the Matter of Southmark Corporation, Debtor. Southmark Corporation v. Joseph GroszCourt of Appeals for the Fifth Circuit · 1995
  2. Karl Rove & Company v. Richard Thornburgh, Richard Thornburgh, Cross-Appellee, and Raymond P. Dimuzio, Defendant-Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1994
  3. Northwinds Abatement, Inc. v. Employers Insurance of WausauCourt of Appeals for the Fifth Circuit · 2001
  4. Coffey v. Fort Wayne Pools, Inc.District Court, N.D. Texas · 1998
  5. Smith v. Garcia Suarez (In Re IFS Financial Corp.)United States Bankruptcy Court, S.D. Texas · 2009

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