We'll Clean Inc., In re
May
21
2024
Ruling
Trustee was entitled to prevail only in part in his claim that certain causes of action pending ina state court lawsuit were property of the bankruptcy estate and thus could be pursued by thetrustee. (Bankr. N.D. Ill.)
Issue(s)
Role and Capacity of Trustee; Capacity to Sue and Be Sued.
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Court
:
Landry, In re--Landry v. H&R Block Mortg. LLC
Nov
15
2019
Ruling
Claim for damages arising from defendants' pre-petition conduct was property of debtor'sbankruptcy estate. (Bankr. N.D. Ga.)
Issue(s)
Role and Capacity of Trustee; Capacity to Sue and Be Sued.
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Court
:
- 11 U.S.C.
Yona, In re--Bank of America, N.A. v. Torkan
Jun
08
2017
Ruling
Postpetition settlement agreement and debtor's discharge did not invalidate or render unenforceable the defendant's liens as the right to avoid liens was an asset of the estate belonging to the trustee. (Bankr. C.D. Cal.)
Issue(s)
Role and Capacity of Trustee.
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Court
:
- 11 U.S.C.
Porter Dev. Partners, LLC, In re
May
31
2017
Ruling
Court deemed as res judicata the unappealed final plan of receivership assets and establishedthat the debtor's powers have already passed to the trustee. (Bankr. S.D. Tex.)
Issue(s)
Role and Capacity of Trustee.
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Court
:
Sheppard v. United States Bank Nat'l Ass'n
Apr
04
2017
Ruling
Debtor lacked standing to pursue claims against defendants as debtor's claims existed before the petition date and thus, claims were property of the estate and trustee had the exclusive standing to prosecute them. (Bankr. E.D. Pa.)
Issue(s)
Role and Capacity of Trustee; Capacity to Sue and Be Sued.
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Court
:
- 11 U.S.C.
Pergament v. Varela (In re Varela)
May
04
2015
Ruling
Trustee acted within authority in seeking to bar debtor's discharge.
Issue(s)
In a trustee's suit to bar discharge, whether to grant the trustee's motion to dismiss the debtor's counterclaims and strike her affirmative defenses.
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Court
:
- 11 U.S.C.
Sofia Design & Dev. At South Brunswick LLC v. DAmore (In re DAmore)
May
31
2012
Ruling
Non-managing members of LLC could not seek damages from debtor managing member on behalf of LLC.
Procedural posture
Plaintiffs, non-managing members of two limited liability companies (LLCs), filed an adversary proceeding against defendant chapter 7 debtor, a former managing member of the LLCs, claiming that the debtor committed fraud and defalcation while acting in a fiduciary capacity, embezzlement, larceny, and usurpation of a corporate opportunity. The debtor filed a motion for summary judgment and plaintiffs filed a cross-motion for summary judgment.
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Court
:
- 11 U.S.C.
Paulson v. Arbaugh (In re Paulson)
Apr
11
2012
Ruling
Trustee was not liable for acting within scope of authority with notice to debtor and approval of bankruptcy court in settling lawsuit on behalf of estate.
Procedural posture
In his complaint, plaintiff debtor alleged that defendant trustee was liable for "civil conspiracy" in connection with her settlement of a "Predatory Lending Lawsuit" with a creditor in exchange for the creditor's payment of $5,000 to debtor's bankruptcy estate, and that her actions constituted the intentional infliction of emotional distress upon debtor for which she must be personally accountable. The Trustee moved for summary judgment.
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Court
:
- 11 U.S.C.
Konvalinka & Harrison PC v. Banks (In re McKenzie)
Aug
12
2011
Ruling
Trustee and counsel who were carrying out duties under §323 were immune from liability for malicious prosecution.
Procedural posture
A bankruptcy trustee and his counsel in various matters in a chapter 7 case including in the trustee's unsuccessful suit against plaintiffs, moved to dismiss and/or for judgment on the pleadings based on claims that they were carrying out duties in 11 U.S.C.S. § 323 and thus were immune to liability to plaintiffs, members of a law firm against which an adversary proceeding had earlier been filed, by reason of quasi-judicial immunity.
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Court
:
- 11 U.S.C.
Imus v. Circle Y Saddles Inc.
Apr
07
2011
Ruling
Debtor's prepetition claims were property of the estate but trustee was estopped from pursuing them due to debtor's failure to schedule or include claims in plan.
Procedural posture
Defendant filed a motion to dismiss plaintiff debtors' complaint, which alleged pre-bankruptcy petition claims of breach of contract, trademark infringement, federal unfair competition, false advertising, and violation of the Texas Deceptive Trade Practices Act.
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Court
: