Legal Opinion
Dean L Horton and Frances H Horton
United States Bankruptcy Court, D. New Mexico
Decided January 9, 2020No. 19-11162Unknown
1Opinion
UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW MEXICO In re: DEAN L HORTON and FRANCES H. HORTON, Case No. 19-11162-t7 Debtors. OPINION Before the Court is the motion of Robert Marcus, the liquidating trustee in a related bankruptcy case, for leave to bring a constructive trust action against this estate’s most valuable asset. Marcus proposes to name the chapter 7 trustee as an in rem defendant, assuring the Court there would be no allegations of wrongful conduct or personal liability. Debtors and the trustee object to the motion, arguing that both the “Barton doctrine” and the automatic stay…
2Cases cited21 opinions
- Barton v. BarbourSupreme Court of the United States · 1881
- St. Louis Baptist Temple, Inc. v. Federal Deposit Insurance CorporationCourt of Appeals for the Tenth Circuit · 1979
- LeBlanc v. SalemCourt of Appeals for the First Circuit · 1999
- Kashani v. Fulton (In Re Kashani)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- In Re marchFIRST Inc.Court of Appeals for the Seventh Circuit · 2009
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