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§ 322(d)

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

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