DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
096010P.pdf 06/08/2009 Michael S. Dietz v. Ronald Langlie
U.S. Court of Appeals Case No: 09-6010
U.S. Bankruptcy Court for the District of Minnesota
[PUBLISHED] [Federman, Author, with Schermer and Saladino,
Bankruptcy Judges]
Bankruptcy Appellate Panel. The bankruptcy court erred in holding that
a mistake is sufficient to impose a constructive trust, as under Minnesota
law a party seeking to impose a constructive trust must show that the
party holding the disputed property obtained the property by fraud, bad
faith or other improper means; since debtor did not hold the funds in
dispute in the case by constructive trust, he held legal title to the funds,
and his transfer of the funds was a transfer of his interest in the property
which could be avoided under Section 547(b) of the Code