Legal Opinion
In Re Advent Management Corporation, Debtor. Taylor Associates v. Lawrence A. Diamant, Chapter 7 Trustee
Court of Appeals for the Ninth Circuit
Decided January 8, 1997No. 95-55423PublishedCited by 27 opinions
1Opinion of the Court
PREGERSON, Circuit Judge:
This case presents the issue whether a creditor claiming a constructive trust over commingled funds from a debtor’s general account must trace the funds back to the illegal transfer giving rise to the trust. Appellant contends that strict tracing is unnecessary in light of this court’s decision in Mitsui Mfrs. Bank v. Unicom Computer Corp. (In re Unicom Computer Corp.), 13 F.3d 321 (9th Cir.1994). The Bankruptcy Appellate Panel of the Ninth Circuit disagreed, holding that bankruptcy precedent and policy continue to require strict tracing of commingled funds. Taylor…
2Cases cited10 opinions
- Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
- Bagdadi v. NazarCourt of Appeals for the Ninth Circuit · 1996
- In Re Bullion Reserve of North America, a California Corporation, Curtis B. Danning, Chapter 7 Trustee v. Theodore P. BozekCourt of Appeals for the Ninth Circuit · 1988
- GHK Associates v. Mayer Group, Inc.California Court of Appeal · 1990
- Martin v. KehlCalifornia Court of Appeal · 1983
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- In Re: Marilyn E. Morris, Debtor. John Poss v. Marilyn E. MorrisCourt of Appeals for the Sixth Circuit · 2001
- Renwick v. Bennett (In re Bennett)Court of Appeals for the Ninth Circuit · 2002
- Cassirer v. Herskowitz (In Re Schick)United States Bankruptcy Court, S.D. New York · 1999
- McCrary v. Barrack (In Re Barrack)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
- In Re Carrozzella & RichardsonBankruptcy Appellate Panel of the Second Circuit · 2000
22 more not listed; retrieve them via the Exa API.