Brown v. Schlossberg (In re Burruss)

MEMORANDUM

SMALKIN, District Judge.

This is an appeal from a decision of Bankruptcy Judge Mannes holding that a declaratory judgment action brought by the appellant was not timely filed. The complaint was filed pursuant to 28 U.S.C. § 2201. In it, appellant Commissioner, solely on behalf of defrauded individual investors (i.e., not asserting any claim on her own behalf), sought to have the Bankruptcy Court impose a constructive trust upon assets of the debtor’s estate. Two individual investors are also named plaintiffs. Of course, the trustee in bankruptcy was named as a defendant, and the…