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Case Citations [1] (July 2017 through August 2018)

handle is hein.ali/rettgp2426 and id is 1 raw text is: TRUSTS 3D Generally C.A.9, 2018. Cit. generally in diss. op. and in ftn. to diss. op. In an action brought by growers against financial company that had purchased accounts receivable of distributor that had failed to pay growers, on rehearing en banc, this court reversed and remanded the district court's entry of summary judgment for defendant, holding that a threshold true-sale inquiry had to determine whether or not the assets in the PACA trust that were transferred in transactions labeled sales remained assets of the trust. The dissent noted that California trust law was derived from the Restatement Second of Trusts, and that, because the Restatement Second had been superseded by the Restatement Third of Trusts, the court could look to the Restatement Third for guidance. S & H Packing & Sales Co., Inc. v. Tanimura Distributing, Inc., 883 F.3d 797, 815. D.N.J.Bkrtcy.Ct.2017. Cit. generally in cases cit. in disc. Company that was assigned wholesale produce supplier's debt, which arose from a statutory trust created by the Perishable Agricultural Commodities Act (PACA) by merchant's re-sale of produce purchased from supplier, filed a claim against merchant's owner, who had petitioned for Chapter 7 bankruptcy, seeking a determination of the nondischargeability of the debt for fraud or defalcation while acting in a fiduciary capacity. This court held that the assignment of the supplier's claim and interest in the trust was valid and permissible, and that defendant intentionally or recklessly disregarded his fiduciary obligations arising from the PACA trust by using sale proceeds to pay other business expenses. The court noted that, when analyzing PACA, courts have looked to the Restatement Third of Trusts for general principles of trust law. In re Guarracino, 575 B.R. 298, 310. PART 1. NATURE, CHARACTERISTICS, AND TYPES OF TRUSTS CHAPTER 1. DEFINITIONS AND DISTINCTIONS Introductory Note Vt.2017. Intro. Note quot. in sup. Wife appealed the trial court's final property-division award in a divorce action, challenging the court's refusal to enforce a subpoena requiring husband's father to testify about a trust that father created with husband's mother and his capacity to change its beneficiary from husband to husband's son, keeping the property out of the marital estate, arguing that father lacked the requisite testamentary capacity and that the court should have included the trust assets as part of the marital estate. This court held that the trial court did not err in granting husband's motions to quash the subpoena. The court examined wife's argument that husband had equitable ownership over the trust assets, and cited the Introductory Note to Chapter 1 of the Restatement Third of Trusts in noting that, in the context of trust law, all beneficiaries had equitable ownership in the trust assets and that wife's argument was thus nothing more than a reassertion of her position that, notwithstanding the beneficiary For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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