In re Leitner

236 B.R. 420 (1999)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
I
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

In re Leitner

United States Bankruptcy Court for the District of Kansas
236 B.R. 420 (1999)

JL
Play video

Facts

Gary Leitner was employed by Leo Wetherill (defendant) to perform legal and accounting services for Wetherill’s company, L.G.W. Energy Resources, Inc. (the Company). Leitner embezzled approximately $1 million from the Company over six years. Leitner used some of the funds to purchase a home. Wetherill discovered the fraud in 1992 and sued Leitner in state court in Kansas. Wetherill sought a constructive trust on the home. Leitner eventually admitted the fraud, and Wetherill submitted an order that imposed the constructive trust on the home. However, before the order was signed, Leitner filed for Chapter 7 bankruptcy. The state court action was stayed until October 1993. The bankruptcy trustee (plaintiff) filed an adversary action seeking a determination that no constructive trust exists and that the home is part of the bankruptcy estate. The bankruptcy trustee moved for summary judgment. While this motion was pending, the state trial court entered the judgment declaring that the home was the subject of a constructive trust with Wetherill as the beneficiary.

Rule of Law

Issue

Holding and Reasoning (Flannagan, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 805,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 805,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 805,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Remedies

Key Terms