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In re Smith

In re Smith

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.

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Consumer opinion summary, case decided on January 26, 2009 , LexisNexis #0309-061