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 ...
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 a ...
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

Should the Scope of the Safe Harbor for a Constructive Trust Claim Differ Depending on Whether the Claim Is Based on State Law or Foreign Law?

The U.S. Bankruptcy Court for the Southern District of New York recently denied motions to dismiss constructive trust claims asserted under the laws of the British Virgin Islands (BVI) even though the ...
The National Law Review

Texas Supreme Court Reverses Order in Trust Dispute Granting a Constructive

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