O'Connor Lumber Co. v. Pratt General Contractors, Inc. (In Re Pratt General Contractors, Inc.)

MEMORANDUM AND ORDER RE: CROSS MOTIONS FOR SUMMARY JUDGMENT

ROBERT L. KRECHEVSKY, Chief Judge.

I

Issue

The dispositive issue in this core adversary proceeding is whether a subcontractor of the debtor-general contractor is entitled to the imposition of a constructive trust on an account receivable, secured by a mechanic’s lien, due the debtor from the owner of the property where the subcontractor furnished materials. The issue is presented for ruling upon cross motions for summary judgment filed by the debtor and the subcontractor.

II

Background

Pratt General Contractors, Inc., the debt- or, filed a…