§ 322

IFS Fin. Corp., In re--Martinec v. Smith

Ruling: 
Court ruled that "removal of a trustee" and "discharge of a trustee" were not equivalent under 11 U.S.C. § 322(d). (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on November 09,2017, LexisNexis #1217-032

Ondova Ltd. Co., In re--Baron v. Sherman

Ruling: 
Court dismissed adversary proceeding against trustee as the trustee's actions were taken pursuant to court order or under supervision of the bankruptcy and district courts which qualified trustee for absolute immunity. (Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on February 01,2017, LexisNexis #0317-032

Schooler v. United States of Am. by Lamesa Natl Bank

Ruling: 
Unsecured creditor's claim against trustee was properly brought within §322(d) limitations period.
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Consumer case opionion summary, case decided on August 06,2013, LexisNexis #0813-138

In re Smith

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.
Ruling: 
Debtor could not reopen case to assert personal liability claims against trustee for acts within business judgment.
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Consumer case opionion summary, case decided on January 26,2009, LexisNexis #0309-061
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