- 11 U.S.C.
Konvalinka & Harrison PC v. Banks (In re McKenzie)
Aug
12
2011
Ruling
Trustee and counsel who were carrying out duties under §323 were immune from liability for malicious prosecution.
Procedural posture
A bankruptcy trustee and his counsel in various matters in a chapter 7 case including in the trustee's unsuccessful suit against plaintiffs, moved to dismiss and/or for judgment on the pleadings based on claims that they were carrying out duties in 11 U.S.C.S. § 323 and thus were immune to liability to plaintiffs, members of a law firm against which an adversary proceeding had earlier been filed, by reason of quasi-judicial immunity.
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Court
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