- 11 U.S.C.
In re Hunt
May
12
2016
Ruling
Settlement of adversary proceeding to recover real property settled in best interests of the estate and creditors.
Issue(s)
Should trustee's settlement of adversary proceeding for the recovery of real property be approved?
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Court
:
- 11 U.S.C.
New Prods. Corp. v. Tibble (In re Modern Plastics Corp.)
Jan
21
2016
Ruling
Trustee did not breach fiduciary duty by failing to protect debtor's building.
Issue(s)
Did trustee breach his fiduciary duty by failing to secure and preserve debtor's building which was stripped and looted?
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Court
:
- 11 U.S.C.
Taunt v. Coenen (In re Trans-Indus.)
Sep
25
2015
Ruling
Trustee had standing to pursue ERISA claims against debtor's former CEO and CFO.
Issue(s)
Did trustee have standing to bring ERISA claims against debtor's former CEO And CFO?
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Court
:
- 11 U.S.C.
Smalis v. Liberty Mut. Surety (In re Smalis)
Jul
07
2015
Ruling
Creditor's action against trustees for failing to protect his interests dismissed as meritless.
Issue(s)
Should creditor be granted leave to file proceeding against trustee for alleged failure to protect creditor's interests?
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Court
:
- 11 U.S.C.
Carroll v. Abide
Jun
11
2015
Ruling
Bankruptcy court permission not required for debtor to bring a Fourth Amendment claim against the trustee.
Issue(s)
Does the Barton doctrine apply to require debtor to seek leave of the bankruptcy court before bringing suit against a bankruptcy trustee?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Matthews
Apr
21
2015
Ruling
Lienholders were precluded by the Barton doctrine from suing the trustee for alleged breach of fiduciary duty.
Issue(s)
Did the Barton doctrine prevent lienholders from suing the trustee for alleged breach of fiduciary duty relating to property damage?
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Court
:
- 11 U.S.C.
Bird v. Driscoll (In re Bird)
Apr
15
2015
Ruling
Debtor's proceeding challenging secured lenders' right to execute on security interests and for an accounting dismissed.
Issue(s)
Did secured creditors have the right to execute on security interests and should the trustee commence an accounting?
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Court
:
- 11 U.S.C.
Mammola v. Dwyer (In re Mammola)
Apr
09
2015
Ruling
Claim by debtor's spouse against trustee based on trustee's alleged succession to debtor's role as settlor or trustee of trusts dismissed for lack of standing.
Issue(s)
Did debtor's spouse have standing to pursue claim against trustee for alleged misconduct in liquidating assets and administering property of the estate?
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Court
:
- 11 U.S.C.
In re EndoBiologics Inc.
Feb
24
2015
Ruling
Bankruptcy court did not err in authorizing trustee's sale of patents to high bidder whose proof of claim had been disallowed.
Issue(s)
Should the bankruptcy court set aside its order for auction of four patents rather than selling them to debtor's president and shareholder who was also a creditor?
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Court
:
Starky v. Birdsell (In re Starky)
Dec
08
2014
Ruling
Bankruptcy court properly awarded trustee fees and costs after extended exemption proceedings.
Issue(s)
Whether bankruptcy court abused its discretion by awarding attorneys' fees and costs to Chapter 7 trustee after extended proceedings relating to debtors' exemption claims.
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Court
:
Judge or Jurisdiction information not available