In Re Michael S. Hatfield, Debtor. American Express Travel Related Services Company, Inc. v. Michael Hatfield

976 F.2d 736 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re Michael S. HATFIELD, Debtor. AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC., Plaintiff-Appellee, v. Michael HATFIELD, Defendant-Appellant. No. 91-15945. United States Court of Appeals, Ninth Circuit. Submitted Aug. 21, 1992. * Decided Sept. 23, 1992. 1 Before KOZINSKI and DAVID R. THOMPSON, Circuit Judges, and RHOADES, ** District Judge. 2 MEMORANDUM *** 3 After de novo review, we hold that the agreement between Hatfield and American Express created an express trust. The language of the agreement sets up a relationship that satisfies the test set out in In re Thornton, 544 F.2d 1005 (9th Cir.1976). Here there are "1) sufficient words to create a trust; 2) a definite subject; and 3) a certain and ascertained object or res." Id. at 1007. No necessary provision is absent. 4 Neither does the conduct of the parties show that the substance of the arrangement was inconsistent with the language of the…