In re Smith

Pre 2005-Act: 
Pre 2005-Act
Debtor could not reopen case to assert personal liability claims against trustee for acts within business judgment.
Procedural posture: 
Movants, a former debtor, his wife, and his sister, moved to reopen the debtor's chapter 7 bankruptcy case for the purpose of pursuing an adversary proceeding against the chapter 7 trustee and his bond holders. The proposed suit alleged that the trustee committed malpractice, breach of fiduciary duty, and negligence.
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Consumer case opionion summary, case decided on January 26,2009, LexisNexis #0309-061