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Case Citations July 2015 through February 2016 [1] (2015-2016)

handle is hein.ali/resect1471 and id is 1 raw text is: TRUSTS 2D Generally D.D.C.2014. Cit. generally in sup., cit. generally in case cit. in sup. In a breach-of-trust case brought by employee against employer's retirement-plan committee based on a purportedly erroneous calculation of employee's monthly benefit, this court granted defendant's motion for summary judgment. In making its decision, the court acknowledged that it followed the Restatement Second of Trusts to the extent that District of Columbia statutes and caselaw were otherwise silent on an issue. Sharma v. Washington Metropolitan Area Transit Authority, 58 F.Supp.3d 59, 70-71. CHAPTER 1. DEFINITIONS AND DISTINCTIONS TOPIC 1. DEFINITIONS § 1. Scope of the Restatement N.D.Ill.2014. Com. (e) quot. in case quot. in sup. Judgment creditor, a Delaware company with its principal place of business in Texas, brought, inter alia, a fraud action against Indiana debtor and debtor's CEO, an Illinois citizen, seeking to impose a constructive trust on defendants based on allegations that CEO wrongfully retained certain lease proceeds that should have been transferred from company to plaintiff. Granting in part defendants' motion to dismiss, this court held that the equitable remedy of constructive trust was only available if the transferred funds were traceable and identifiable, and plaintiff identified no such property here. Quoting Restatement Second of Trusts § 1, Comment e, the court explained that a constructive trust could be imposed if defendants, by engaging in wrongdoing, were unjustly enrichment by their acquisition of property that in equity and in good conscience belonged to plaintiff. Trinity Industries Leasing Company v. Midwest Gas Storage, Inc., 33 F.Supp.3d 947, 981. § 2. Definition of Trust D.Hawaii Bkrtcy.Ct.2015. Quot. in disc. and cit. in ftn. Chapter 7 debtors who were settlors, lifetime beneficiaries, and trustees of a self-settled revocable living trust brought an adversary proceeding against creditors, seeking to avoid creditors' judicial liens on real property held by the trust. This court granted partial summary judgment for debtors, holding, among other things, that debtors were entitled to claim a federal homestead exemption on the property. The court rejected creditors' argument that debtors had no interest in the property that could be exempt because the property belonged to the trust rather than to debtors, reasoning that, under Hawaii law, self-settled revocable living trusts were not separate entities, and that the trust property belonged to the settlor. In making its decision, the court explained that Hawaii followed the Restatement Second of Trusts, which defined a trust as a fiduciary relationship with respect to property created by a settlor, in which the trustee held the legal title to the trust property for the benefit of the trust's beneficiary. In re Nielsen, 526 B.R. 351, 355. As m For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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