In re Washington Mut. Inc.

Assets held in trusts in connection with deferred compensation "top hat" rabbi trust plans were not property of the estate and not subject to constructive trust in favor of plan participants.
Procedural posture: 
Debtors moved for an order declaring them the owners of, and were entitled to, certain assets held in trusts created in connection with deferred employee compensation (top hat) rabbi trust plans that had been established by a predecessor to one of the jointly administered debtors, and which held in excess of $69 million. Participants in those plans asserted a constructive trust should be imposed on the assets for their benefits.
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Commercial case opionion summary, case decided on June 01,2011, LexisNexis #0611-127