In re Smith

Pre 2005-Act: 
Pre 2005-Act
Ruling: 
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.
Issue: 
ABI Membership is required to access the full summary of In re Smith. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 26,2009, LexisNexis #0309-061