Legal Opinion
Coll v. Franco (In re Franco)
United States Bankruptcy Court, D. New Mexico
Decided February 28, 2018No. Case No. 03–13492 tr7; Case No. 13–12941 tr7; Adv. No. 17–1001 tPublishedCited by 1 opinion
1Opinion of the Court
David T. Thuma, United States Bankruptcy Judge
Before the Court is the chapter 7 trustee's motion to dismiss the counterclaims of Carla Franco and Drennan, Langdon, and Fidel, LLP, under, inter alia, the Barton doctrine and quasi-judicial immunity. The motion has been fully briefed. After reviewing the relevant law, the Court concludes that Counts Two, Three, and Four of the counterclaims should be dismissed.
I. ALLEGATIONS
For the limited purpose of ruling on the trustee's motion to dismiss, the Court accepts the following allegations as true:1
By warranty deeds recorded in Book 251, Pg. 295…
2Cases cited25 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Tellabs, Inc. v. Makor Issues & Rights, Ltd.Supreme Court of the United States · 2007
- Stump v. SparkmanSupreme Court of the United States · 1978
- Forrester v. WhiteSupreme Court of the United States · 1988
- John D. Williamson, Plaintiffs-Appellants-Cross v. Gordon G. Tucker, Defendants-Appellees-CrossCourt of Appeals for the Fifth Circuit · 1981
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3Cited by1 opinion
- Dean L Horton and Frances H HortonUnited States Bankruptcy Court, D. New Mexico · 2020