JD Supra

“Clearing” the constructive trustee’s legal title: The doctrinal and practical considerations

The court in Freeport-McMoRan Oil & Gas LLC v. 1776 Energy Partners, LLC, 672 S.W.3d 391 (Tex. 2023) explained that “constructive trusts, being remedial in character, have the very broad function of ...
JD Supra

What’s Yours is Mine and What’s Mine is For the Benefit of My Creditors: Bankruptcy Courts Remain Reluctant to Impose Constructive Trusts on Debtor Property

There is an inherent tension between the goals of bankruptcy law and the state law doctrine of constructive trust. A central tenet of bankruptcy policy is that similarly situated creditors should be ...
Law

Flexing the Muscles of the Court—Constructive Trust for Undisclosed Assets

One of the hallmarks of property settlement agreements is the requirement for full and fair disclosure of assets and income. The need for full disclosure is self-evident, one cannot knowingly give up ...
Law

Constructive Trust Claim Denied; Overstatement in Rent Demand Found Not De Minimus: This Week in Scott Mollen’s Realty Law Digest

In 2007, a plaintiff “faced foreclosure” on her home. She asked a long-time friend, defendant “A,” to purchase the home in “A’s” name, with the “understanding that (plaintiff) could potentially ...