Legal Opinion
CRS Steam, Inc. v. Engineering Resources, Inc. (In Re CRS Steam, Inc.)
United States Bankruptcy Court, D. Massachusetts
Decided October 8, 1998No. 19-10631PublishedCited by 18 opinions
1Opinion of the Court
OPINION
JAMES F. QUEENAN, Jr., Bankruptcy Judge.
Does the right to receive property held by a debtor under “constructive trust” constitute a claim in bankruptcy which is assigned a dollar amount and denied any property interest? Does it make a difference that the trust has already been declared by a prepetition decree ordering transfer of the property? These are questions the courts have long ignored, for reasons explored here. But courts do recognize the tension existing between the exclusive nature of constructive trust rights and the bankruptcy policy favoring pro rata distribution among…
2Cases cited44 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Ohio v. KovacsSupreme Court of the United States · 1985
- United States v. NolandSupreme Court of the United States · 1996
- In Re Omegas Group, Inc., Debtor. Xl/datacomp, Inc., Plaintiff-Appellant/cross-Appellee v. John R. Wilson, Trustee, Defendant-Appellee/cross-AppellantCourt of Appeals for the Sixth Circuit · 1994
- Matter of Haber Oil Co., Inc.Court of Appeals for the Fifth Circuit · 1994
39 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- LFD Operating, Inc. v. Ames Department Stores, Inc. (In Re Ames Department Stores, Inc.)United States Bankruptcy Court, S.D. New York · 2002
- Mullins v. Burtch (In Re Paul J. Paradise & Associates, Inc.)District Court, D. Delaware · 2000
- Cox v. Cox (In Re Cox)United States Bankruptcy Court, D. Massachusetts · 2000
- Tekinsight.Com, Inc. v. Stylesite Marketing, Inc. (In Re Stylesite Marketing, Inc.)United States Bankruptcy Court, S.D. New York · 2000
- Lassman v. McQuillan (In Re Charles River Press Lithography, Inc.)United States Bankruptcy Court, D. Massachusetts · 2006
13 more not listed; retrieve them via the Exa API.