Barton Doctrine

Fifth Circuit Report: June 2015

07/18/15
This month's Fifth Circuit report doesn't have a lot of bankruptcy sizzle:  an interesting case on abstention and remand,  two unpublished cases about how not to reserve a claim under a plan and a case about suing a trustee.   However, there are some fascinating cases about lenders, liens, fraudulent transfers, the Texas Debt Collection Act and the Fair Debt Collection Practices Act.
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The Barton Doctrine and Trustee Lawsuits

10/21/11

So you want to sue a bankruptcy trustee? First get in line. Next, come to the realization that it might not be quite as easy as you’d think. Before a trustee can be sued for actions that fall within their official duties of administering the bankruptcy estate, the plaintiff must seek permission from the trustee’s [...]

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