Legal Opinion

Lankford v. Wagner

Court of Appeals for the Tenth Circuit

Decided April 7, 2017No. 16-2221PublishedCited by 19 opinions

1Opinion of the Court

McHUGH, Circuit Judge.

David and Lee Ann Lankford filed this lawsuit against a bankruptcy trustee and her counsel without first applying for and receiving permission under Barton v. Barbour, 104 U.S. 126, 26 L.Ed. 672 (1881), and its progeny (the “Barton doctrine”). The district court concluded that Barton barred the suit and dismissed for lack of subject matter jurisdiction. We affirm.

I. Background

The Lankfords unwittingly invested in a Ponzi scheme operated by Vaughan Company Realtors (VCR), wherein investors paid money to VCR in return for interest-bearing promissory notes. After the Ponzi…

2Cases cited8 opinions

  1. Garrett v. Selby Connor Maddux & JanerCourt of Appeals for the Tenth Circuit · 2005
  2. In Re Delorean Motor Company, Debtor. David W. Allard, Jr. v. Howard L. Weitzman, an IndividualCourt of Appeals for the Sixth Circuit · 1993
  3. Barton v. BarbourSupreme Court of the United States · 1881
  4. Jefferson County School District No. R-1 v. Moody's Investor's Services, Inc.Court of Appeals for the Tenth Circuit · 1999
  5. Ledbetter v. City of Topeka, KSCourt of Appeals for the Tenth Circuit · 2003

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3Cited by19 opinions

  1. In Re ChristensenUnited States Bankruptcy Court, D. Utah · 2019
  2. Coll v. Franco (In re Franco)United States Bankruptcy Court, D. New Mexico · 2018
  3. Alexander Louis BednarUnited States Bankruptcy Court, W.D. Oklahoma · 2021
  4. Antonia Blackwell v. Early Light Academy, et al.District Court, D. Utah · 2026
  5. Braun v. United StatesDistrict Court, D. Utah · 2023

14 more not listed; retrieve them via the Exa API.

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