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· 9/19/1967

Robert Leonard v. Carl W. Vrooman, Trustee Inbankruptcy

Citations

  • 383 F.2d 556
  • 1967 U.S. App. LEXIS 5088

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “a trustee wrongfully possessing property which is not an asset of the estate may be sued for damages arising out of his illegal occupation in a state court without leave of his appointing court’”
  • noting that a trustee in bankruptcy is an officer of the court and is not subject to suit without leave of the appointing court for acts done in his official capacity and within his authority
  • noting the lack of cases in which the ultra vires exception has applied, allowing a plaintiff to sue a bankruptcy trustee or receiver without first obtaining leave from the appointing court
  • “[A] trustee wrongfully possessing property which is not an asset of the estate may be sued for damages arising out of his illegal occupation in a state court without leave of his appointing court.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Barnes, Jertberg, Muecke

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.