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§ 324

In re Clark

Ruling
Trustee subject to removal for attempting to grant 90 percent of value of fraudulent conveyance claim to creditor.
Procedural posture

The chapter 7 trustee along with a creditor filed an emergency joint motion to approve a compromise. The compromise proposed to allow the creditor to prosecute a fraudulent conveyance suit and to receive certain percentages of the amount recovered based on how much would be recovered.

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opinion summary, case decided on August 29, 2007 , LexisNexis #1007-003

Beery v. Gonzales (In re Beery)

Ruling
Trustee could not be removed where delays in case were caused by debtor.
Procedural posture

Plaintiff debtor filed a motion under 11 U.S.C. § 324 seeking removal of defendant chapter 7 trustee, asserting that the trustee failed to timely administer the assets of the bankruptcy estate and that she failed to investigate a potential claim belonging to the estate. The trustee filed a motion for summary judgment.

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opinion summary, case decided on May 30, 2007 , LexisNexis #0807-020

In re Timmerman

Ruling
Chapter 7 trustee could not serve as attorney for debtor.
Procedural posture

The chapter 7 trustee filed an application to employ himself as attorney for the trustee.

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opinion summary, case decided on April 25, 2007 , LexisNexis #0607-071

In re Nettles

Ruling
Creditor's motion for replacement of trustee in involuntary case brought by the creditors denied.
Procedural posture

Movant, a creditor, sought orders of the court replacing the trustee who had previously been appointed in an involuntary bankruptcy proceeding instituted by other creditors of debtor. Movant also asked the court to determine who was "in charge" of certain trusts. The trustee opposed the motions and cross-moved for sanctions.

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opinion summary, case decided on August 02, 2006 , LexisNexis #1106-080