Legal Opinion
Schifter v. First Fidelity Financial Services, Inc. (In Re First Fidelity Financial Services, Inc.)
United States Bankruptcy Court, S.D. Florida.
Decided October 18, 1983No. 19-12844PublishedCited by 14 opinions
1Opinion of the Court
GASSEN, Bankruptcy Judge.
FINDINGS AND CONCLUSIONS
The cases of Willa Schifter versus First Fidelity Financial Services and Abe Schultz versus the trustee have many factual differences, but ultimately turn on the same legal issue: whether or not a constructive trust can be imposed by this bankruptcy court in favor of these investors on property of the estate. Under the facts of the bankruptcy proceeding and the particular facts which these plaintiffs have been able to prove, the court concludes that the plaintiffs do not prevail.
FACTS
Willa Schifter paid First Fidelity Financial Services $17,000…
2Cases cited12 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- 1 Collier bankr.cas.2d 42, Bankr. L. Rep. P 67,033 Ralph I. Selby, Trustee in Bankruptcy for the Frimberger Corporation v. Ford Motor CompanyCourt of Appeals for the Sixth Circuit · 1979
- United States v. RandallSupreme Court of the United States · 1971
- In the Matter of Kennedy & Cohen, Inc. State of Wisconsin v. Melvin Reese, TrusteeCourt of Appeals for the Fifth Circuit · 1980
- First National Bank of Louisville v. Hurricane Elkhorn Coal Corp. II (In Re Hurricane Elkhorn Coal Corp. II)United States Bankruptcy Court, W.D. Kentucky · 1982
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Murray Drabkin v. District of Columbia, Murray Drabkin, Trustee v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1987
- Levy v. Kozyak (In Re Financial Federated Title & Trust, Inc.)Court of Appeals for the Eleventh Circuit · 2003
- In Re American International Airways, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1987
- Air Florida Systems, Inc. v. United States (In Re Air Florida Systems, Inc.)United States Bankruptcy Court, S.D. Florida. · 1985
- Citizens Federal Bank v. Cardian Mortgage Corp. (In Re Cardian Mortgage Corp.)United States Bankruptcy Court, E.D. Virginia · 1990
9 more not listed; retrieve them via the Exa API.