Legal Opinion

Curry v. Castillo (In Re Castillo)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided April 19, 2000No. BAP Nos. CC-99-1353-PCMe, CC-99-1439-PCMe. Bankruptcy No. LA 97-45899-ESPublishedCited by 2 opinions

1Opinion of the Court

OPINION

PERRIS, Bankruptcy Judge.

The chapter 13 2 trustee and a member of her staff appeal from two orders of the bankruptcy court in which the court authorized lawsuits against them to proceed in state court. The bankruptcy court concluded that the trustee and her staff, who are alleged to have been negligent and to have caused debtor damage, are not immune from liability for their actions. We conclude that the trustee and her staff enjoy quasi-judicial immunity for some but not all of their actions, and therefore REVERSE in part and AFFIRM in part.

FACTS

Debtor filed a chapter 13 petition.…

2Cases cited22 opinions

  1. Stump v. SparkmanSupreme Court of the United States · 1978
  2. Mireles v. WacoSupreme Court of the United States · 1991
  3. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  4. Mullis v. United States Bankruptcy Court for the District of NevadaCourt of Appeals for the Ninth Circuit · 1987
  5. Forrester v. WhiteSupreme Court of the United States · 1988

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3Cited by2 opinions

  1. In Re WCI Cable, Inc.United States Bankruptcy Court, D. Oregon · 2002
  2. Krasnoff v. Marshack (In Re General Carriers Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001

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