Unencumbered Assets Trust v. Hampton-Stein (In re Natl Century Fin. Enters.)
Jul
07
2009
Ruling
Injunction issued to bar state court lawsuits against trustee for actions taken entirely postpetition.
Procedural posture
Plaintiff trustee of debtor's unencumbered assets trust and others, filed a motion pursuant to Fed. R. Civ. P. 65, as made applicable by Fed. R. Bankr. 7065; 11 U.S.C.S. § 105(a); and the All Writs Act to issue a temporary restraining order and preliminary injunction enjoining defendant from pursuing a second lawsuit in a state court, alleging, among other things, that defendant violated the Barton Doctrine by filing both the second state court action and a prior lawsuit.
ABI Membership is required to access the full summary of Unencumbered Assets Trust v. Hampton-Stein (In re Natl Century Fin. Enters.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: