IN RE FAGAN

Bankruptcy No. 093-70491-511. Adv. No. 093-7134-511.

166 B.R. 531 (1993)

In re Mary M. FAGAN, Debtor. AMERICAN MAYFLOWER LIFE INSURANCE COMPANY, Plaintiff, v. Mary M. FAGAN, Debtor, and Richard L. Stern, Trustee, Defendants.

United States Bankruptcy Court, E.D. New York.

December 15, 1993.


Attorney(s) appearing for the Case

Zinker & Gelfand by Stephen P. Gelfand, Smithtown, NY, for defendant-debtor.

Macco, Hackeling, Stern & Christensen by Richard L. Stern, Huntington, NY, for Chapter 7 trustee.

Lane & Mittendorf by Ralph O. Heavner, New York City, for plaintiff.


DECISION

MELANIE L. CYGANOWSKI, Bankruptcy Judge.

The central inquiry before this Court is whether a constructive trust should be imposed upon funds that were concededly paid in error to the Debtor prior to the commencement of this Chapter 7 proceeding. This issue arises in the context of motions and cross-motions for summary judgment made by each of the parties to this adversary proceeding.

The initial motion for summary judgment was made...

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