Employees' Retirement System of Hawaii v. Osborne

NELSON, Circuit Judge:

Appellant, Employee Retirement System (ERS), seeks review of a district court decision enjoining it from proceeding in an action against the trustee in bankruptcy of THC Financial Corp. (THC), and declining to hear its claim in the bankruptcy action. The district court found that ERS’s action against THC’s trustee could not be filed without leave of the court, and enjoined the action; it also denied ERS leave to file the claim in the bankruptcy proceeding because it was untimely. We affirm in part and vacate and remand in part.

FACTUAL AND PROCEDURAL BACKGROUND

ERS and THC…