Smithfield Trust Co. v. Pitchford (In re Pitchford)

Ruling: 
Relief from stay granted to allow creditor to pursue constructive trust claim in state court.
Procedural posture: 
Defendant creditor moved for relief from the automatic stay so that it could pursue to completion a request for a constructive trust that it filed in a state court proceeding it had commenced prepetition against plaintiff debtor. The debtor commenced the adversary proceeding asserting that the imposition of such a constructive trust would constitute an avoidable preferential transfer.
Issue: 
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Consumer case opionion summary, case decided on August 27,2009, LexisNexis #0909-127