Airwork Corp. v. Markair Express, Inc. (In Re Markair Inc.)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that equitable liens must be reduced to judgment or perfected to 19 have priority
• holding that constructive trust is a remedy which is inchoate until court imposes it
• stating that trust res did not constitute estate property when the debtor had no equitable interest in the res to pass on to the trustee and the estate
• stating that a resulting trust is established by intentions of the parties
• “The resulting trust having been determined by law 21 to exist, the trustee has no equitable rights in the trust, and the res is not property of the estate pursuant to § 541.”
• “The existence of a resulting trust is established by circumstances showing that the transferee was never intended to take beneficial interest through the transaction.” citing In re Foam Systems Co., 92 B.R. 406, 408 (9th Cir. BAP 1988)

Source: CourtListener parenthetical corpus (CC0).