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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

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