IN RE CRS STEAM, INC.

Bankruptcy Nos. 97-44296-JFQ, 97-44297-JFQ, Adversary No. 97-4244.

225 B.R. 833 (1998)

In re CRS STEAM, INC., Debtor. In re Thomas F. LeBLANC, Debtor. CRS STEAM, INC. and Thomas F. LeBlanc, Plaintiffs, v. ENGINEERING RESOURCES, INC., Defendant.

United States Bankruptcy Court, D. Massachusetts.

October 8, 1998.


Attorney(s) appearing for the Case

Kevin C. McGee, Seder & Chandler, Worcester, MA, for Debtor.


OPINION

JAMES F. QUEENAN, Jr., Bankruptcy Judge.

Does the right to receive property held by a debtor under "constructive trust" constitute a claim in bankruptcy which is assigned a dollar amount and denied any property interest? Does it make a difference that the trust has already been declared by a prepetition decree ordering transfer of the property? These are questions the courts have long ignored, for reasons explored here. But courts do recognize the...

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