Why In Re Omegas Group Was Right: An Essay on the Legal Status of Equitable Remedies

Abstract:     
This article is part of a symposium on the new Restatement (Third) or Restitution and Unjust Enrichment. I take up the problem of constructive trusts in bankruptcy. The Restatement takes the position that constructive trust claimants have automatic priority in insolvency situations over ordinary creditors. I argue that this unduly reifies a remedial construct that is useful for capturing unjust enrichment but does not always do so in cases of insolvency.

Number of Pages in PDF File: 14

Keywords: Constructive Trust, Restitution, Unjust Enrichment

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