Skip to main content
· 5/20/2011

Smith v. Silverman

Citations

  • 645 F.3d 186
  • 2011 U.S. App. LEXIS 10309
  • 2011 WL 1901040

How courts have described this case

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

  • affirming bankruptcy court decision to deny motion to motion to reopen to pursue adversary proceeding where underlying complaint was meritless
  • debtor’s claim that a trustee breached fiduciary duty by failing to prosecute estate’s claims accrued on “the date that the underlying causes of action expired”
  • “[T]he trustee exercised his sound business judgment in declining to assume the expense of raising and/or pursuing the legal claims identified by appellants.”
  • \[a] [Chapter 7] bankruptcy trustee is immune from suit for personal liability for acts taken as a matter of business judgment in acting in accordance with statutory or other duty or pursuant to court order.\
  • “[A] bankruptcy trustee is immune from suit for personal liability for acts taken as a matter of business judgment in acting in accordance with statutory or other duty or pursuant to court order.” (alteration in original

Source: CourtListener parenthetical corpus (CC0).

Judges: Winter, Walker, Cabranes

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.