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CCS Prevails for Bankruptcy Trustee in 66 Page Order

April 3, 2019

Mark Rogers and Joe Kingma represented a bankruptcy trustee in an adversary action relating to three related bankruptcy estates.  Claims were asserted against the trustee by debtors alleging various forms of misadministration of a bankruptcy estate.  The underling case involved several appeals to the U.S. District Court and had lingered for five years due to the complex issues involved in the bankruptcy.

Mark argued several motions before the Bankruptcy Judge on what was a complex record.  After a year and a half of litigation a motion to dismiss was granted in its entirety.  The case presented several interesting legal issues, including: issue preclusion, claim preclusion, liability for the bonding company, finality of orders, failure to state a claim under Twombly, absolute immunity, and the statute of limitations.  When the dust settled at the end of 66 pages all claims against the client were dismissed in their entirety.

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