United States v. Liberty Mutual Surety (In Re Schooler)

MEMORANDUM OPINION

ROBERT L. JONES, Bankruptcy Judge.

Trial of this adversary proceeding was held on May 28, 2010, after which the Court granted the parties’ request to file post-trial briefs; upon receipt of the briefs, the Court took the matter under advisement. By this suit, the plaintiff, Lamesa National Bank (“LNB”), seeks recovery from the defendant, Liberty Mutual Surety (“Liberty Mutual”), which is the surety under the blanket bond issued to cover bankruptcy trustees serving the bankruptcy court for the Northern District of Texas. LNB, in accordance with Bankruptcy Rule 2010(b), brings…