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IN RE GOLDBERG

BAP No. EC-93-1873-RJH. Bankruptcy No. 988-02323. Adv. No. 989-0013.

168 B.R. 382 (1994)

In re Franklin GOLDBERG, Debtor. Franklin GOLDBERG, Appellant, v. BANK OF ALEX BROWN, a California Banking Corp., Appellee.

United States Bankruptcy Appellate Panel, of the Ninth Circuit.

Decided June 16, 1994.

Attorney(s) appearing for the Case

Dan Nelson, Stockton, CA, for debtor/appellant.

Ken R. Whittall-Scherfee and Bradley S. Towne, Sacramento, CA, for appellee.

Before RUSSELL, JONES, and HAGAN, Bankruptcy Judges.

OPINION

RUSSELL, Bankruptcy Judge:

The debtor and his wife received two refund checks, one from a real estate seller and another from an escrow company. The escrow company issued their refund check by mistake. The debtor deposited both checks. The appellee sought imposition of a constructive trust on the debtor's subsequently purchased home based on the mistaken check. The bankruptcy court imposed a constructive trust on the residence. The debtor...

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