Hunter v. Madrid (In re Hunter)
United States Bankruptcy Court, D. New Mexico
1Opinion of the Court
MEMORANDUM OPINION
Hon. David T. Thuma, United States Bankruptcy Judge
Before the Court is Defendant Kelley Skehen’s motion to dismiss all claims against her under the “Barton doctrine” and because she is granted immunity as the standing Chapter 13 Trustee. Based on the allegations in Plaintiffs’ complaint and the relevant law, the Court agrees the Trustee is immune from this suit. The Court therefore will dismiss Plaintiffs’ claims against the Trustee.
*869I. PLAINTIFFS’ ALLEGATIONS
For the limited purpose of ruling on the motion to dismiss, the Court accepts the following allegations as true:1
Plaint…
2Cases cited34 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- 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
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3Cited by3 opinions
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