Schechter v. Illinois, Department of Revenue (In Re Markos Gurnee Partnership)

How courts have described this case

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

• explaining that generally when a litigious demand is made against the Trustee in her official capacity the trustee is not personally liable and any judgment against her is payable only out of the estate
• describing the judicial immunity a trustee might secure by obtaining prior court approval as protection against claims for breach of bankruptcy-related fiduciary duties
• “The situation in which trustees have been most commonly found to have acted outside of their authority is in seizing property which is found not to be property of the estate.”
• “Since the bankruptcy laws do not permit trustees, on their own authority, to seize estate property in the possession of a nondebtor, they are personally liable for seizing such property that does not actually belong to the debtor.”
• “Beyond the statutory duties, bankruptcy trustees owe to the beneficiaries of the estate the usual common law trust duties, such as the duty of loyalty, which proscribes self-dealing.” (citing Mosser v. Darrow, 341 U.S. 267, 271 (1951))

Source: CourtListener parenthetical corpus (CC0).