Why In Re Omegas Group Was Right: An Essay on the Legal Status of Equitable Remedies
Emily L. Sherwin
Cornell University - Law School
Boston University Law Review, Vol. 92, No. 3, 2012
Cornell Legal Studies Research Paper No. 12-54
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 EnrichmentAccepted Paper Series
Date posted: July 24, 2012
© 2013 Social Science Electronic Publishing, Inc. All Rights Reserved.
This page was processed by apollo5 in 0.656 seconds