Berman v. Empower FCU (In re Ling Wang)

Memorandum-Decision and Order Granting Defendant’s Motion for Summary Judgment

Margaret Cangilos-Ruiz, United States Bankruptcy Judge

Before the court is Defendant Empower Federal Credit Union’s (“Empower’s”) motion for summary judgment seeking dismissal of Plaintiff Roger Berman’s claims (Doc. 29) (“Motion”).1 Plaintiff seeks to recover $70,000 from Empower on, a constructive trust theory.2

Plaintiff lent $70,000 to Debtor’s live-in partner, Peter Beaudry for a purported business deal which he claims was extended under false pretenses.3 In fact, the $70,000, which was sent via two wire…