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· 6/6/1989

Ray J. Belisle v. Oliver Plunkett, Monica Plunkett, and Ralph C. Anzivino, Trustee

Citations

  • 877 F.2d 512
  • 1989 U.S. App. LEXIS 8682
  • 19 Bankr. Ct. Dec. (CRR) 872
  • 1989 WL 63273

How courts have described this case

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

  • imposing a constructive trust where the debtor convinced several business partners to put up money for the purchase of a leasehold property and then purchased all of the property in his own name
  • leasehold interest purchased by debtor in own name with funds of \bamboozled” partners can be brought into the bankruptcy estate notwithstanding \constructive trust” under local law
  • “Under most states’ laws, however, the buyer in good faith of real property can obtain a position superior to that of the rightful owner if the owner neglected to record his interest in the filing system. Section 544(a)(3) gives the trustee the same sort of position.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bauer, Cummings, Easterbrook

Read full opinion on CourtListener

Sourced 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.