United Service Protection Corp. v. Bill Heard Enterprises, Inc. (In Re Bill Heard Enterprises, Inc.)

MEMORANDUM OPINION

JACK CADDELL, Bankruptcy Judge.

United Service Protection Corporation and United Service Protection, Inc. (collectively “USP”) and Columbus Bank & Trust (“CB & T”) assert competing claims to approximately $53,346 being held in one of the Bill Heard debtors’ general operating accounts maintained at CB & T. CB & T argues that it has a right to setoff the funds against prepetition obligations owed by the Bill Heard debtors. USP asserts that it is entitled to a constructive trust over the sums held in the account and that its claim to the funds is superior to CB & T’s right to…