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Case Citations [1] (July 2019 - April 2020)

handle is hein.ali/resect1479 and id is 1 raw text is: TRUSTS 2D Generally Ct.Fed.Cl.2019. Cit. generally in case cit. in disc. Native American tribes brought a lawsuit against the United States, alleging that defendant breached its fiduciary duty as trustee of tribal trusts. This court entered judgment for plaintiffs, holding, inter alia, that defendant acted imprudently during certain periods when it served as trustee. The court explained that, although defendant's duty was imposed by statutes, common-law sources such as the Restatement Second of Trusts defined the contours of that duty. Western Shoshone Identifiable Group by Yomba Shoshone Tribe v. United States, 143 Fed.Cl. 545, 607. Cal.App.2019. Cit. generally in case quot. in ftn. In a dispute between trustee of decedent's life- insurance trust and named beneficiaries of decedent's life-insurance policy, this court relied on the Restatement Third of Trusts in holding that the policy irrevocably became trust property upon decedent's execution of the trust document, given the irrevocable nature of the trust and its language demonstrating his intent to immediately transfer ownership of the policy to trustee. In making its decision, the court noted that California trust law was derived from the Restatement Second of Trusts, which had been superseded by the Restatement Third of Trusts, and that California courts accordingly looked to the Restatement Third of Trusts for guidance. Dudek v. Dudek, 246 Cal.Rptr.3d 27, 34. CHAPTER 1. DEFINITIONS AND DISTINCTIONS TOPIC 1. DEFINITIONS § 2. Definition of Trust D.Md.Bkrtcy.Ct.2019. Cit. in case cit. in ftn. (general cite). Creditor brought an adversary proceeding against Chapter 7 debtor, alleging, inter alia, that debtor's debt owed to creditor was nondischargeable under the Bankruptcy Code, because debtor had violated her fiduciary duties as a trustee when her company-which had entered into a subcontract with creditor-withheld monies owed to creditor. This court granted in part debtor's motion to dismiss, holding that state statutes did not create an express or technical trust for the purposes of federal bankruptcy law when a contractor entered into an agreement with a subcontractor. The court agreed with Restatement Second of Trusts § 2 and Restatement Third of Trusts § 7 in noting that using the term implied trust to refer to both resulting trusts and constructive trusts was misleading and should no longer be used. In re Vito, 598 B.R. 809, 820. W.D.Pa.Bkrtcy.Ct.2019. Cit. in case cit. in disc. In Chapter 11 bankruptcy proceedings for a family trust that was involved in an underlying litigation over the ownership of intellectual property rights to a fictional comic-book character, this court granted motions to dismiss filed by opposing parties in the underlying litigation, holding that the trust was not a business trust that was eligible for reorganization under the Bankruptcy Code, but rather, an ordinary non-business trust. In making its decision, the court noted that, under Restatement Second of Trusts § 2, traditionally, an ordinary trust was not considered a COPYRIGHT 02020 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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