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Mark Rogers and Joe Kingma Convince Judge to Deny Permission to Sue Bankruptcy Trustee

August 1, 2017

Mark Rogers and Joe Kingma convinced a bankruptcy judge that a former trustee should not be sued for alleged misadministration of the estate.  The plaintiffs were bankruptcy debtors who sought to re-litigate claims that the trustee had failed to accept a $30 million dollar offer for assets that would have turned a deficit estate into a surplus estate.  Mark and Joe presented a wide range of arguments, from absolute judicial immunity to various preclusive doctrines, convincing the judge that most of the claims were previously litigated and anyone with a claim should litigate such claims in bankruptcy court rather than subject the bankruptcy court’s rulings to second-guessing in state court.  The motion was denied without prejudice on July 14, 2017, so there may be more to come in future updates

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For informational purposes only. Past success does not indicate the likelihood of success in future cases.