This section contains the nature of the case and procedural background.

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.

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