Legal Opinion

Muratore v. Darr

Court of Appeals for the First Circuit

Decided July 19, 2004No. 03-2179PublishedCited by 82 opinions

1Opinion of the Court

LEVIN H. CAMPBELL, Senior Circuit Judge.

The question on appeal is whether the Barton doctrine bars the bringing of this action in the federal district court against a bankruptcy trustee without the prior permission of the bankruptcy court. The district court dismissed the complaint for lack of subject-matter jurisdiction, and we affirm.

FACTS

The following facts, except a few that are undisputed, are all alleged in Mura-tore’s amended complaint. Plaintiff-appellant, Joseph R. Muratore, Sr. owned and controlled Columbus Mortgage Company, Inc. (Referred to herein as the “debtor”). On February 15,…

2Cases cited23 opinions

  1. Katchen v. LandySupreme Court of the United States · 1966
  2. In Re Delorean Motor Company, Debtor. David W. Allard, Jr. v. Howard L. Weitzman, an IndividualCourt of Appeals for the Sixth Circuit · 1993
  3. Barton v. BarbourSupreme Court of the United States · 1881
  4. LeBlanc v. SalemCourt of Appeals for the First Circuit · 1999
  5. In Re: Daniel Fordu, Debtor. Harold A. Corzin v. Julie A. ForduCourt of Appeals for the Sixth Circuit · 1999

18 more not listed; retrieve them via the Exa API.

3Cited by82 opinions

  1. In Re VistaCare Group, LLCCourt of Appeals for the Third Circuit · 2012
  2. Grant, Konvalinka & Harrison, PC v. BanksCourt of Appeals for the Sixth Circuit · 2013
  3. Andrew Alexander v. John HedbackCourt of Appeals for the Eighth Circuit · 2013
  4. Beck v. Fort James Corp. (In Re Crown Vantage, Inc.)Court of Appeals for the Ninth Circuit · 2005
  5. James McDaniel Jr. v. John BlustCourt of Appeals for the Fourth Circuit · 2012

77 more not listed; retrieve them via the Exa API.

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