Taylor Associates v. Diamant (In Re Advent Management Corp.)

How courts have described this case

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

• noting that a third party’s benefitting from a constructive trust predicates itself upon a successful assertion of that trust relationship by the beneficiary, and particularly, the beneficiary’s not having waived or compromised its rights
• describing 21 need for court determination of constructive trust’s existence; 22 but noting that in Unicom, the act of litigating the defense 23 established the existence of the constructive trust
• the grant of partial summary judgment is an interlocutory order; it will be merged into any final judgment and may be appealed at that time
• the grant of partial summary judgment is an interlocutory order; it will be merged into any final judgment and may be appealed at that time
• “A constructive’ trust is a remedy; as such, it is inchoate until its existence is established by court order.”
• “it does not end the matter for a court to find that state law would impose a constructive trust over certain property; the constructive trust will not be given effect if it is against the federal bankruptcy policy”

Source: CourtListener parenthetical corpus (CC0).