Baron v. Sherman

Case Type:
Case Status:
No. 18-10182, 2019 WL 419380 (5th Circuit, Feb 04,2019) Published
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.
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.
Reavley, Elrod, Willett

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