Clark v. Wetherill (In Re Leitner)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding it entirely proper to lift the automatic stay to allow victim of embezzlement to proceed with state court action initiated before the filing of the bankruptcy petition
• “[U]nder the majority state law rule, a constructive trust arises at the time of the occurrence of the events giving rise to the duty to reconvey the property, not at the date of final judgment declaring the trust . . .”

Source: CourtListener parenthetical corpus (CC0).