· 12/16/2008
Ades & Berg Group Investors v. Breeden
Citations
- 550 F.3d 240
- 2008 U.S. App. LEXIS 25208
- 50 Bankr. Ct. Dec. (CRR) 276
- 2008 WL 5220529
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- denying defendant leave to replead counterclaim for imposition of constructive trust because defendant could not establish that plaintiff was unjustly enriched
- “Recognizing different equities in different contexts ... is simply a recognition that an equitable remedy is more or less appropriate when different interests are in play.”
- “[R]etention by [a] bankruptcy estate of assets that, absent bankruptcy, would go to a particular creditor is not inherently unjust.”
- \There is no inequity in treating [creditor] in the same manner as any other depositor/creditor who was unfortunate enough to have placed its money' with the [debtor].\
Source: CourtListener parenthetical corpus (CC0).
Judges: Winter, Walker, Calabresi
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.