Legal Opinion
In Re Richmond Children's Center, Inc.
District Court, S.D. New York
Decided May 14, 1985No. Bankruptcy 83 B 20300PublishedCited by 12 opinions
1Opinion of the Court
DECISION ON MOTION FOR TURNOVER OF FUNDS
HOWARD SCHWARTZBERG, Bankruptcy Judge.
The City of Yonkers (the “City”), a creditor in this Chapter 11 case, seeks an order directing the debtor-in-possession, Richmond Children’s Center, Inc. (“Richmond”), to turn over $141,499.65 to the City for the reason that these funds are subject to a constructive trust and therefore are beyond the pale of the debtor’s estate as defined by 11 U.S.C. § 541. Richmond is an intermediate child care facility for the developmentally disabled. One child care service not rendered directly by Richmond is the education of…
2Cases cited27 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Sharp v. KosmalskiNew York Court of Appeals · 1976
- Salomon v. Kaiser (In re Kaiser)Court of Appeals for the Second Circuit · 1983
- In Re Flight Transportation Corporation Securities LitigationCourt of Appeals for the Eighth Circuit · 1984
- Georgia Pacific Corporation v. Sigma Service CorporationCourt of Appeals for the Fifth Circuit · 1983
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3Cited by12 opinions
- In Re Robert D. Johnson, Debtor. Canal Corporation, General Partner of the Limited Partnership of the October 18, 1973 Group the October 30, 1973 Group the November 30, 1973 Group the November 15, 1973 Group the December 10, 1973 Group the December 11, 1973 Group the December 14, 1973 Group the January 7, No. 91-1403 1974 Group the January 11, 1974 Group the January 31, 1974 Group Resource Evaluation & Development, Incorporated, General Partner of the Limited Partnership of the February 8, 1974 Group the February 15, 1974 Group the March 5, 1974 Group the March 11, 1974 Group the March 29, 1974 Group the April 14, 1974 Group the April 5, 1974 Group v. Robert E. Finnman Gerald L. Sacks Leonard Henschel Mrs. Leonard Henschel Carl Starnes Mrs. Carl Starnes Robert W. Froehlich Alan B. Svedlow Thomas W. Gilliam, Jr. Ruth Swart Young Frederick M. Sorrell, Jr. Richard B. Hudson Mrs. Richard B. Hudson William A. Gore Mrs. William A. Gore, and Lenora Johnson Brown Vail Pischke v. Bruce Goldstein, TrusteeCourt of Appeals for the Fourth Circuit · 1992
- In Re Fresh Approach, Inc.United States Bankruptcy Court, N.D. Texas · 1985
- Neochem Corp. v. Behring International, Inc. (In Re Behring International, Inc.)United States Bankruptcy Court, N.D. Texas · 1986
- Zaera v. Raff (In Re Raff)United States Bankruptcy Court, S.D. New York · 1988
- Canal Corp. v. FinnmanCourt of Appeals for the Fourth Circuit · 1992
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