Legal Opinion

Gonzales v. Raiser Construction Co. (In Re Gonzales)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided May 18, 1982No. BAP No. NC-81-1236-VGE, Bankruptcy No. 580 01294-M, Adv. No. 80-0190PublishedCited by 36 opinions

1Opinion of the Court

OPINION

VOLINN, Bankruptcy Judge:

I

Raiser Construction Co., Inc., a general contractor, entered into two subcontracts with the debtor, Tony Gonzales, on March 15 and 16, 1979. Gonzales agreed to provide the materials and labor needed to complete the concrete work on two buildings which Raiser was constructing. Gonzales was to receive a total payment of $35,193.00 for both jobs.

Each subcontract provided that all money received by the subcontractor from Raiser immediately became and constituted a trust fund for the benefit of “persons and firms supplying labor [and] materials ... for the benefit…

2Cases cited3 opinions

  1. Central Hanover Bank & Trust Co. v. HerbstCourt of Appeals for the Second Circuit · 1937
  2. Aetna Insurance v. Byrd (In Re Byrd)United States Bankruptcy Court, E.D. Virginia · 1981
  3. Jasel Building Products Corp. v. Polidoro (In Re Polidoro)United States Bankruptcy Court, E.D. New York · 1981

3Cited by36 opinions

  1. Leeb v. Guy (In Re Guy)United States Bankruptcy Court, N.D. Indiana · 1988
  2. Woodworking Enterprises, Inc. v. Baird (In Re Baird)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
  3. Schwalbe v. Gans (In Re Gans)United States Bankruptcy Court, S.D. New York · 1987
  4. NesSmith Electric Co. v. Kelley (In Re Kelley)United States Bankruptcy Court, M.D. Florida · 1988
  5. Teamsters Local 533 v. Schultz (In Re Schultz)United States Bankruptcy Court, D. Nevada · 1985

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