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§ 322

Content, In re

Ruling
Chapter 13 motion to set aside the sheriff's sale of his home was denied without prejudice as itdid not appear that debtor could set aside the sale using conventional Chapter 13 methods.(Bankr. D.N.J.)
Issue(s)
Qualification of Trustee.

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on April 03, 2020 , LexisNexis #0620-002

IFS Fin. Corp., In re--Martinec v. Smith

Ruling
Court ruled that "removal of a trustee" and "discharge of a trustee" were not equivalent under 11 U.S.C. § 322(d). (Bankr. S.D. Tex.)
Issue(s)
Qualification of Trustee; Statute of Limitations for Bond Proceeding.

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Commercial opinion summary, case decided on November 09, 2017 , LexisNexis #1217-032

Ondova Ltd. Co., In re--Baron v. Sherman

Ruling
Court dismissed adversary proceeding against trustee as the trustee's actions were taken pursuant to court order or under supervision of the bankruptcy and district courts which qualified trustee for absolute immunity. (Bankr. N.D. Tex.)
Issue(s)
Qualification of Trustee; Limitation of Trustee’s Liability.

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Commercial opinion summary, case decided on February 01, 2017 , LexisNexis #0317-032

Schooler v. United States of Am. by Lamesa Natl Bank

Ruling
Unsecured creditor's claim against trustee was properly brought within §322(d) limitations period.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 06, 2013 , LexisNexis #0813-138

In re Smith

Ruling
Debtor could not reopen case to assert personal liability claims against trustee for acts within business judgment.
Procedural posture

Movants, a former debtor, his wife, and his sister, moved to reopen the debtor's chapter 7 bankruptcy case for the purpose of pursuing an adversary proceeding against the chapter 7 trustee and his bond holders. The proposed suit alleged that the trustee committed malpractice, breach of fiduciary duty, and negligence.

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Consumer opinion summary, case decided on January 26, 2009 , LexisNexis #0309-061