CARLSON ORCHARDS, INC. V. LINSEY 296 B.R.582 (2003) CASE BRIEF

CARLSON ORCHARDS, INC. V. LINSEY

296 B.R.582 (2003)

NATURE OF THE CASE: Carlson (P) filed against Linsey (D) to find that the obligation owed by D to P in the amount of $121,865 be deemed non-dischargeable and whether a constructive trust or equitable lien may be imposed on the vehicles and real estate improvements allegedly purchased with the funds stolen by D.

FACTS: D embezzled money from P by diverting checks payable to P and depositing those checks directly into bank accounts controlled by P. D also wrote extra paychecks to herself and deposited the extra paychecks into bank accounts she controlled. D and David Linsey kept separate bank accounts and did not commingle their funds. D eventually agreed to the cash stolen and all the remains is to determine if a constructive trust could be levied on cars and real property. All of David Linsey's paychecks were deposited into his separate accounts. D used the funds she embezzled from Carlson to purchase a 1999 Plymouth Grand Caravan. D used the funds she embezzled from Carlson to purchase a 1995 Ford F150. Both vehicles are titled to David Linsey. David Linsey recorded a Declaration of Homestead on the Property on August 8, 1994. The fair market value of the Property on February 15, 2002 per a realtor's opinion of value was $219,900.00. The current balance owed on the mortgage on the Linsey home is $139,279.73.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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