- Case Type:
- Business
- Case Status:
- Affirmed
- Citation:
- No. 18-10182, 2019 WL 419380 (5th Circuit, Feb 04,2019) Published
- Tag(s):
-
- Ruling:
- In the 5th Circuit, bankruptcy trustees are entitled to qualified immunity for personal harms caused by actions that, while not pursuant to a court order, fall within the scope of their official duties.
- Procedural context:
- Baron appealed the district court's dismissal under FRCP 12(b)(6) of his bankruptcy adversary proceeding against the chapter 11 trustee.
- Facts:
- Baron was the former principal of Ondova. Baron filed a chapter 11 bankruptcy case for Ondova. Initially, Baron had debtor-in-possession status as to Ondova. About seven weeks later, the bankruptcy court appointed Sherman as the chapter 11 trustee over Ondova.
- Judge(s):
- Reavley, Elrod, Willett
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