SCOTUS Restricts Inherent Bankruptcy Authority

In Law v. Siegel, 571 U.S. ___ (2014) (slip opinion), the Supreme Court of the United States invalidated a bankruptcy court’s use of its inherent authority to tax (surcharge) a debtor’s exempt property with legal expenses incurred by a chapter 7 trustee during a bankruptcy case.  In doing so, the Supreme Court reminded us that a […]

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Barton Doctrine Provides Limited Protection to Trustees in Bankruptcy

The Third Circuit Court of Appeals recently held that a party seeking to sue a trustee in bankruptcy must still obtain permission from the appointing bankruptcy court, but only in instances when the trustee is being sued for acts in his official capacity and not in instances when the trustee is merely continuing the business affairs of the debtor’s […]

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