Nature of the Case
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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.
Holding and Decision
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Legal Analysis
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