Legal Opinion
In Re Charlton
United States Bankruptcy Court, N.D. California
Decided May 30, 2008No. 19-10064PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM RE TRUSTEE’S MOTION FOR SUMMARY JUDGMENT FOLLOWING REMAND FROM BANKRUPTCY APPELLATE PANEL
THOMAS E. CARLSON, Bankruptcy Judge.
For the reasons stated below, I determine that the trustee’s rights under her strong-arm powers are superior to the rights of Debtor’s former spouse under the retroactive constructive trust and the retroactive property division imposed by a Utah state court.
FACTS
This court allowed the bankruptcy estate to retain the proceeds from the post-petition sale of a Marc Chagall painting (the Painting). Debtor (hereinafter James) and his former wife (hereinafter…
2Cases cited10 opinions
- In Re North American Coin & Currency, Ltd.Court of Appeals for the Ninth Circuit · 1985
- 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
- In Re Unicom Computer CorporationCourt of Appeals for the Ninth Circuit · 1994
- Airwork Corp. v. Markair Express, Inc. (In Re Markair Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
- Golden Mortgage Fund 14 v. Kennedy (In Re Golden Triangle Capital, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
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3Cited by3 opinions
- Drown v. Wells Fargo Bank, N.A. (In Re Scott)United States Bankruptcy Court, S.D. Ohio · 2010
- Kelley v. McCormack (In re Mitchell)United States Bankruptcy Court, M.D. Georgia · 2016
- WAS, LLC v. Coll (In re DC Energy, LLC)United States Bankruptcy Court, D. New Mexico · 2016