Legal Opinion

In Re General Coffee Corporation, Debtor. City National Bank of Miami and City National Bank Corporation v. General Coffee Corporation

Court of Appeals for the Eleventh Circuit

Decided September 28, 1987No. 86-5798PublishedCited by 86 opinions

1Opinion of the Court

GODBOLD, Circuit Judge:

This is an appeal by debtor General Coffee and intervenor Shawmut Boston International Banking Corporation 1 from an adverse bankruptcy decision by the district court that General Coffee, as debtor-in-possession, could not bring into its estate over $6 million it held in constructive trust for City National Bank of Miami (“CNB”). We affirm.

I. FACTUAL BACKGROUND

The facts are undisputed. The bankruptcy court found that: (1) General Coffee defrauded CNB; (2) CNB properly traced a constructive trust res of $6,488,011 to assets within the control of General Coffee as…

2Cases cited35 opinions

  1. Quinn v. PhippsSupreme Court of Florida · 1927
  2. Georgia Pacific Corporation v. Sigma Service CorporationCourt of Appeals for the Fifth Circuit · 1983
  3. Silverberg v. Paine, Webber, Jackson & Curtis, Inc.Court of Appeals for the Eleventh Circuit · 1983
  4. QUALITY HOLSTEIN LEASING v. McKENZIECourt of Appeals for the Fifth Circuit · 1985
  5. Wadlington v. EdwardsSupreme Court of Florida · 1957

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3Cited by86 opinions

  1. In Re Chase & Sanborn Corporation, Debtor. Paul C. Nordberg, Creditor Trustee v. Arab Banking CorporationCourt of Appeals for the Eleventh Circuit · 1990
  2. In Re Omegas Group, Inc., Debtor. Xl/datacomp, Inc., Plaintiff-Appellant/cross-Appellee v. John R. Wilson, Trustee, Defendant-Appellee/cross-AppellantCourt of Appeals for the Sixth Circuit · 1994
  3. In Re: Koreag, Controle Et Revision S.A.Court of Appeals for the Second Circuit · 1992
  4. In Re Howard's Appliance Corp., Debtor. Sanyo Electric, Inc. v. Howard's Appliance Corp.Court of Appeals for the Second Circuit · 1989
  5. Official Committee of Unsecured Creditors of Toy King Distributors, Inc. v. Liberty Savings Bank, FSB (In Re Toy King Distributors, Inc.)United States Bankruptcy Court, M.D. Florida · 2000

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