Matter of Haber Oil Co., Inc.

How courts have described this case

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

• noting that the imposition of a constructive trust is justified in generally two circumstances: actual fraud, or breach of a confidential or fiduciary relationship
• stating that a defendant must know that his representation was false in a defamation claim
• observing that a the plaintiff must show that the defendant made a false representation in a fraud claim
• noting that the imposition of a constructive trust is justified in generally two circumstances: actual fraud, or breach of a confidential or fiduciary relationship
• noting that the imposition of a constructive trust can wreak havoc with the Code's priority system
• holding that a party may waive its right to an adversary proceeding, but that “courts should not find waiver of the procedural protections re- quired in adversary proceedings unless the parties are apprised of and have a chance to address all the issues being decided.”

Source: CourtListener parenthetical corpus (CC0).