- 11 U.S.C.
Rose v. Miller
Nov
01
2006
Ruling
RICO action by debtor against trustee's attorney could only be brought by the bankruptcy estate and was dismissed.
Procedural posture
Defendant, an attorney who had represented defendant bankruptcy trustee, filed a motion to dismiss plaintiff's action in which plaintiff alleged that the attorney violated 18 U.S.C. § 1964(c) of the Racketeer Influenced and Corrupt Organizations Act ("RICO"). The bankruptcy trustee and defendant, the trustee's subsequent counsel, previously were dismissed from the action.
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Court
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