· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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