Dickerson, In re
Sep
01
2020
Ruling
Motion to remove Chapter 7 trustee denied absent cause. (Bankr. M.D. La.)
Issue(s)
Removal of Trustee or Examiner; For Cause.
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Court
:
Samuel, In re
Sep
27
2018
Ruling
Motions to remove the trustee were denied where debtor husband's allegations were whollyuncorroborated and trustee diligently managed the estate and the liquidation plan wasconfirmed. (Bankr. E.D. Cal.)
Issue(s)
Removal of Trustee or Examiner; For Cause.
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Court
:
In re Lundy
Sep
29
2017
Ruling
The standing chapter 13 trustee's act of retaining the the pre-confirmation plan payments asauthorized by a court order is not cause for her removal as a chapter 13 trustee,notwithstanding that she failed to immediately refund to the debtor statutory fees collected.(Bankr. N.D. Ohio)
Issue(s)
Removal of Trustee or Examiner; For Cause.
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Court
:
In re Ampal-American Isr. Corp.
Jul
18
2016
Ruling
Bankruptcy court properly decided not to remove trustee for cause.
Issue(s)
Did the bankruptcy court err in refusing to remove the trustee after the trustee joined a firm that has represented other parties to the case?
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Court
:
In re McConkey
Mar
28
2016
Ruling
Bankruptcy court refused to remove chapter 7 trustee absent evidence of breach of fiduciary duties or lack of diligence.
Issue(s)
Should trustee be removed for breach of fiduciary duty or lack of diligence?
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Court
:
In re Brooke Corp.
Feb
05
2016
Ruling
Liability of members of trustee's law firm for collapse of debtor was not grounds for late-stage removal of trustee.
Issue(s)
Should debtor's motion to remove allegedly disinterested trustee be granted?
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Court
:
In re Wring
Jun
22
2015
Ruling
Denial of motion for removal of trustee affirmed.
Issue(s)
Whether the bankruptcy court erred by denying the debtor's motion to remove the chapter 11 Trustee and reinstate the debtor as debtor-in-possession?
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Court
:
Judge or Jurisdiction information not available
In re Tres-Ark Inc.
Nov
21
2012
Ruling
Difference of opinion regarding administration was not grounds for removal of trustee.
Procedural posture
Before the court was debtor's Motion to Remove Trustee.
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Court
:
In re Miell
Jan
11
2011
Ruling
Failure to conduct discovery was not grounds for dismissal of incarcerated debtor's motion to remove chapter 7 trustee.
Procedural posture
A chapter 7 debtor, who was incarcerated, filed a motion to remove the chapter 7 trustee pursuant to 11 U.S.C.S. § 324(a) and a request for stay. The United States Trustee (UST) moved to dismiss the debtor's motion for lack of prosecution pursuant to pursuant to Fed. R. Civ. P. 41(b) (applicable through Fed. R. Bankr. P. 9014(c)). Several creditors, as well as the chapter 7 trustee, joined in the UST's objections to the debtor's motion.
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Court
:
Dieffenbach v. Harworth (In re Harworth)
Oct
29
2008
Ruling
Bankruptcy court did not err in refusing to remove trustee.
Procedural posture
Appellant son-in-law sought review of the orders of the United States Bankruptcy Court for the District of Connecticut, which refused to remove appellee trustee and denied the son-in-law's motion for damages for a willful violation of the automatic stay.
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Court
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