Legal Opinion
WAS, LLC v. Coll (In re DC Energy, LLC)
United States Bankruptcy Court, D. New Mexico
Decided August 5, 2016No. Case No. 14-12923 tr7; Adv. No. 15-1024 tPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
Hon. David T. Thuma, United States Bankruptcy Judge
Before the Court are the parties’ cross motions for summary judgment. Plaintiffs ask the Court to impose a constructive trust in their favor on all funds in the Debtor’s operating account. Defendant, contrariwise, seeks a declaratory judgment that the subject funds are estate property. After considering the summary judgment papers' and the record, the Court concludes that imposing a constructive trust is not appropriate, and that the funds belong to the estate. Defendant therefore is entitled to summary judgment.
I. FACTS
For…
2Cases cited43 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Law v. SiegelSupreme Court of the United States · 2014
- St. Louis Baptist Temple, Inc. v. Federal Deposit Insurance CorporationCourt of Appeals for the Tenth Circuit · 1979
- In Re: Marilyn E. Morris, Debtor. John Poss v. Marilyn E. MorrisCourt of Appeals for the Sixth Circuit · 2001
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3Cited by3 opinions
- In re LaForceUnited States Bankruptcy Court, S.D. Alabama · 2017
- Automated Recovery Systems of New Mexico, Inc.United States Bankruptcy Court, D. New Mexico · 2023
- Marcus v. HortonUnited States Bankruptcy Court, D. New Mexico · 2020