Legal Opinion
Dairy Fresh Foods, Inc. v. Ramette (In Re Country Club Market, Inc.)
District Court, D. Minnesota
Decided June 27, 1994No. Civ. File 3-94-45PublishedCited by 5 opinions
1Opinion of the Court
ORDER
MAGNUSON, Chief Judge.
This matter is before the Court upon Plaintiffs appeal of the Order for Summary Judgment issued by the bankruptcy court on December 29, 1993. 162 B.R. 226. Upon a de novo review of the pleadings, memorandum of counsel, and the entire file, this Court reverses the bankruptcy court and holds that as a matter of law Minn.Stat. § 27.138 creates a statutory trust and that the funds held in trust are not property of the Debtor’s estate. Further, the said trust is not avoidable under 11 U.S.C. § 545(2). This matter is remanded to the bankruptcy court for further…
2Cases cited13 opinions
- In Re Gotham Provision Company, Inc., Debtor/debtor in Possession, the First State Bank of Miami v. Gotham Provision Company, Inc.Court of Appeals for the First Circuit · 1982
- In Re Fresh Approach, Inc.United States Bankruptcy Court, N.D. Texas · 1985
- Bush v. CrowtherSupreme Court of Minnesota · 1957
- In Re San Joaquin Food Service, Inc., Debtor. Bowlin & Son, Inc. v. San Joaquin Food Service, Inc.Court of Appeals for the Ninth Circuit · 1992
- In Re Declaration of Trust by BushSupreme Court of Minnesota · 1957
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Samson Resources Co. v. SemCrude, L.P. (In re SemCrude, L.P.)United States Bankruptcy Court, D. Delaware · 2009
- In Re Regional Building Systems, Inc.United States Bankruptcy Court, D. Maryland · 2001
- Cox v. Decas Cranberry Products, Inc. (In Re Meyer's Bakeries, Inc.)United States Bankruptcy Court, W.D. Arkansas · 2009
- Ringel Valuation Services, Inc. v. Shamrock Foods Co. (In Re Arizona Fast Foods, LLC)United States Bankruptcy Court, D. Arizona · 2003
- Dairy Fresh Foods, Inc. v. Ramette (In re Country Club Market, Inc.)District Court, D. Minnesota · 1994