IN RE FIRST FIDELITY FINANCIAL SERVICES, INC.

Bankruptcy No. 82-00637-BKC-JAG, Adv. Nos. 82-0417-BKC-JAG, 82-0591-BKC-JAG-A.

36 B.R. 508 (1983)

In re FIRST FIDELITY FINANCIAL SERVICES, INC., Debtor. Willa SCHIFTER, Plaintiff, v. FIRST FIDELITY FINANCIAL SERVICES, INC., Defendant. In re FIRST FIDELITY FINANCIAL SERVICES, INC., Debtor. Abe A. SCHULTZ, Plaintiff, v. A.W. BECK, Trustee, Defendant.

United States Bankruptcy Court, S.D. Florida.

October 18, 1983.


Attorney(s) appearing for the Case

Chad P. Pugatch, Cooper, Shahady, Frazier & Pugatch, Fort Lauderdale, Fla., for trustee.

A.W. Beck, Plantation, Fla., trustee.

Steven Friedman, Britton, Cohen, Kaufman & Schantz, P.A., Miami, Fla., for Abe A. Schultz.


GASSEN, Bankruptcy Judge.

FINDINGS AND CONCLUSIONS

The cases of Willa Schifter versus First Fidelity Financial Services and Abe Schultz versus the trustee have many factual differences, but ultimately turn on the same legal issue: whether or not a constructive trust can be imposed by this bankruptcy court in favor of these investors on property of the estate. Under the facts of the bankruptcy proceeding and the particular facts which these plaintiffs have...

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