Legal Opinion
In Re VistaCare Group, LLC
Court of Appeals for the Third Circuit
Decided May 4, 2012No. 11-2695PublishedCited by 81 opinions
1Opinion of the Court
OPINION OF THE COURT
FISHER, Circuit Judge.
William Schwab appeals from an order of the District Court affirming an order of the Bankruptcy Court granting CGL, LLC’s motion for leave to sue Schwab in the Lancaster County, Pennsylvania, Court of Common Pleas for actions taken in his capacity as trustee of the bankruptcy estate of VistaCare Group, LLC. The primary question on appeal is whether the Barton doctrine, which requires a party seeking to sue a court-appointed receiver, to first obtain leave of the appointing court, applies to bankruptcy trustees in light of changes in the bankruptcy…
2Cases cited33 opinions
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- Whitman v. American Trucking Assns., Inc.Supreme Court of the United States · 2001
- Kelly v. RobinsonSupreme Court of the United States · 1986
- Dewsnup v. TimmSupreme Court of the United States · 1992
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3Cited by81 opinions
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- Carroll v. AbideCourt of Appeals for the Fifth Circuit · 2015
- Phoenician Mediterranean Villa, LLC v. Swope (In re J & S Properties, LLC)United States Bankruptcy Court, W.D. Pennsylvania · 2015
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