IN RE GENERAL COFFEE CORP.

Bankruptcy No. 83-00889-BKC-TCB, Adv. No. 84-0028-BKC-TCB-A.

41 B.R. 781 (1984)

In re GENERAL COFFEE CORPORATION, Debtor. CITY NATIONAL BANK OF MIAMI and City National Banking Corporation, Plaintiffs, v. GENERAL COFFEE CORPORATION, Defendant.

United States Bankruptcy Court, S.D. Florida.

August 21, 1984.


Attorney(s) appearing for the Case

Michael Josephs, Coral Gables, Fla., Robert Schatzman, Coral Gables, for plaintiffs.

Alan Kluger, Miami, Fla., for defendant.

David Levine, Miami, Fla., for debtor/defendant.

Bert Hellman, Miami, Fla., for City National.


MEMORANDUM DECISION

THOMAS C. BRITTON, Bankruptcy Judge.

Plaintiffs ask that a constructive trust be imposed for their benefit as creditors against the assets of the chapter 11 debtor. The predicate for the relief sought is alleged conversion, fraud, breach of fiduciary duty and unjust enrichment. The debtor has answered and counterclaimed seeking avoidance of the asserted lien under 11 U.S.C. § 544. Shawmut Boston International Banking Corporation...

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