Bankr. No.:
91-50270
Adv. No.:
91-5018
Chapter:
7
Date of Decision:
September 8, 1992
Issue:
Whether Plaintiff was entitled to a constructive trust on Debtors' homestead to the extent of $19,000.00?
Ruling:
(1) Dischargeability complaint was untimely filed because it was filed several days after the deadline established by F.R. Bankr. P. 4007(c). The deadline in Rule 4007(c) must be strictly construed. (2) Since Debtors wrongfully obtained the $19,000.00 that they used to purchase their new home, the $19,000.00 was never a part of the bankruptcy estate. Plaintiff, the rightful owner of the $19,000.00, was entitled under state law to a constructive trust on Debtors' home to the extent of the $19,000.00.
Full Bankruptcy Court Decision:
