Constructive Trust Claims in Bankruptcy: Beneficiary vs. Creditor
Analyzing State Law Criteria, Asserting Rights Against "Trust" Assets, Recent Case Law
A live 90-minute CLE webinar with interactive Q&A
This CLE webinar will examine state and bankruptcy law considerations in imposing a constructive trust and the treatment of constructive trust claims vs. those of general unsecured creditors. The panel will compare the approaches courts have taken in reconciling these interactions, and provide a practical guide to asserting constructive trusts in bankruptcy.
- Constructive trusts defined—state law remedies
- Authority for asserting constructive trust rights under the Bankruptcy Code
- Analytical approaches of the different circuit courts to enforcing constructive trusts
- Best practices for asserting constructive trust rights in bankruptcy
The panel will review these and other relevant issues:
- What are the criteria for establishing a constructive trust under state law? How do the states vary in the analysis?
- What is the authority under the bankruptcy code for imposing a constructive trust, and what is the impact on the debtor’s estate?
- Are constructive trusts subject to the strong-arm powers of a bankruptcy trustee?
- Can a bankruptcy court approve a sale free and clear of a constructive trust claim?
Jeffrey A. Liesemer
Caplin & Drysdale
Mr. Liesemer's practice focuses on complex civil and commercial litigation, with an emphasis in bankruptcy,... | Read More
Mr. Liesemer's practice focuses on complex civil and commercial litigation, with an emphasis in bankruptcy, international insolvency and creditors' rights cases. Prior to joining the firm, his practice focused on complex Chapter 11 bankruptcy reorganizations and insolvency workouts, in which he represented corporate and partnership debtors as well as large, institutional creditors and lenders. He has also been involved in representing creditors' committees, third-party asset purchasers, and shopping-center landlords in large bankruptcy reorganizations and liquidations.Close
James P. Wehner
Caplin & Drysdale
Mr. Wehner's principal practice area is complex civil litigation, with particular emphasis on insolvency... | Read More
Mr. Wehner's principal practice area is complex civil litigation, with particular emphasis on insolvency litigation, and data privacy issues. He has extensive experience with disputes arising from financial products, mergers and acquisitions, intellectual property, and fraud.Close
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