IN RE LEITNER
236 B.R. 420 (Bank D.Kan. 1999)
NATURE OF THE CASE: This was a dispute over a constructive trust arising in bankruptcy.
FACTS: Wetherill hired Leitner to do accounting work. Leitner took advantage and
embezzled large amounts of money, some of which purchased a new home for him and his wife.
Wetherill (P) sued Leitner (D) and claimed a constructive trust. P tried to get the judge to
sign a journal entry for the trust but D declared chapter 7 bankruptcy. Clark, the trustee,
brought an adversary proceeding contesting the existence of the trust in bankruptcy. The
residence sold for $410,000 and Clark distributed $272,627.42 to discharge the first
mortgage and $75,000 to discharge the second mortgage. Clark has the balance of the proceeds
$67,285.44. The trial judge eventually signed the journal entry of judgment against
Wetherill and declared that Leitner held the residence.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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