Legal Opinion
City National Bank of Miami v. General Coffee Corp. (In Re General Coffee Corp.)
United States Bankruptcy Court, S.D. Florida.
Decided August 21, 1984No. 18-22362PublishedCited by 12 opinions
1Opinion of the Court
MEMORANDUM DECISION
THOMAS C. BRITTON, Bankruptcy Judge.
Plaintiffs ask that a constructive trust be imposed for their benefit as creditors against the assets of the chapter 11 debtor. The predicate for the relief sought is alleged conversion, fraud, breach of fiduciary duty and unjust enrichment. The debtor has answered and counterclaimed seeking avoidance of the asserted lien under 11 U.S.C. § 544. Shawmut Boston International Banking Corporation, a major secured creditor, has intervened and supports the debtor’s position. The matter was tried on August 10. The facts are undisputed.
In March…
2Cases cited4 opinions
- In the Matter of Kennedy & Cohen, Inc. State of Wisconsin v. Melvin Reese, TrusteeCourt of Appeals for the Fifth Circuit · 1980
- Mansfield Hardwood Lumber Company v. Hattie A. JohnsonCourt of Appeals for the Fifth Circuit · 1959
- Loup v. Great Plains Western Ranch Co. (In Re Great Plains Western Ranch Co.)United States Bankruptcy Court, C.D. California · 1984
- Palmland Villas I Condominium v. TaylorDistrict Court of Appeal of Florida · 1980
3Cited by12 opinions
- In Re Chase & Sanborn Corporation, Debtor. Paul C. Nordberg, Creditor Trustee v. Arab Banking CorporationCourt of Appeals for the Eleventh Circuit · 1990
- In Re General Coffee Corporation, Debtor. City National Bank of Miami and City National Bank Corporation v. General Coffee CorporationCourt of Appeals for the Eleventh Circuit · 1987
- In Re Samir B. Tleel Lupana Tleel, Debtors Joseph N. Chbat v. Samir B. Tleel Lupana Tleel Robert A. Fischer, TrusteeCourt of Appeals for the Ninth Circuit · 1989
- D & F Petroleum v. Cascade Oil Co. (In Re Cascade Oil Co.)United States Bankruptcy Court, D. Kansas · 1986
- Research-Planning, Inc. v. Segal (In Re First Capital Mortgage Loan Corp.)United States Bankruptcy Court, D. Utah · 1986
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