Legal Opinion

In Re Christensen

United States Bankruptcy Court, D. Utah

Decided February 27, 2019No. Bankruptcy Number: 15-29773, Bankruptcy Number: 15-29783PublishedCited by 7 opinions

1Opinion of the Court

R. KIMBALL MOSIER, U.S. Bankruptcy Judge

Brent and Jo-Ann Christensen and John Bird (collectively, the Debtors) believe that Gary Jubber, the former chapter 7 trustee in these cases, and Fabian VanCott, the law firm employed as his general counsel (collectively with Jubber, the Trustee), acted improperly in attempting to sell their homes while their cases were in chapter 7. They now seek leave to sue the Trustee outside this Court on grounds of breach of fiduciary duty, negligence, and civil conspiracy, which the Trustee has opposed. The parties fully briefed the matter, and the Court…

2Cases cited40 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  4. LeBlanc v. SalemCourt of Appeals for the First Circuit · 1999
  5. Securities & Exchange Commission v. ShieldsCourt of Appeals for the Tenth Circuit · 2014

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3Cited by7 opinions

  1. Alexander Louis BednarUnited States Bankruptcy Court, W.D. Oklahoma · 2021
  2. Blas v. Bank of America, N.A.District Court, D. Alaska · 2021
  3. Christensen v. JubberUnited States Bankruptcy Court, D. Utah · 2020
  4. Dean L Horton and Frances H HortonUnited States Bankruptcy Court, D. New Mexico · 2020
  5. In re: Gloria Jennifer Ezechukwu, aka Gloria Ezechukwu, aka Gloria J Ezechukwu v. Prince Mathias, Neil C. Gordon, Chapter 7 TrusteeUnited States Bankruptcy Court, N.D. Georgia · 2026

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