Legal Opinion

Hunter v. Madrid (In re Hunter)

United States Bankruptcy Court, D. New Mexico

Decided July 8, 2016No. Case No. 08-14146 ja13; Adv. No. 16-1022 tPublishedCited by 3 opinions

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

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Tellabs, Inc. v. Makor Issues & Rights, Ltd.Supreme Court of the United States · 2007
  4. Stump v. SparkmanSupreme Court of the United States · 1978
  5. Forrester v. WhiteSupreme Court of the United States · 1988

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3Cited by3 opinions

  1. In Re ChristensenUnited States Bankruptcy Court, D. Utah · 2019
  2. Christensen v. JubberUnited States Bankruptcy Court, D. Utah · 2020
  3. Hill v. PortilloUnited States Bankruptcy Court, D. Colorado · 2022

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