Bankruptcy
Dec. 9, 2016
9th Circuit is first to tackle novel bankruptcy question
In a recent ruling, the court became the first appellate court to consider whether the "Barton doctrine" applies to suits against a member of an unsecured creditors' committees. By David Kupetz
David S. Kupetz
Shareholder
SulmeyerKupetz PC
333 S Grand Avenue, Suite 3400
Los Angeles , CA 90071-1406
Fax: (213) 629-4520
Email: dkupetz@sulmeyerlaw.com
UC Hastings College of the Law
David is an expert in bankruptcy, business reorganization, restructuring, assignments for the benefit of creditors, and other insolvency solutions.
A bankruptcy trustee is the representative of the bankruptcy estate and has the capacity to sue and be sued. 11 U.S.C. Section 323. In what has become known as the "Barton doctrine," however, no suit against an estate representative may be initiated for actions taken in the administration of the estate, without prior leave of the bankruptcy court. See Barton v. Barbour, 104 U.S. 126 (1881). In Barton, the...
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