Scheffel (In re Lehal Realty Assocs.), 101 F.3d 272, 276 (2d Cir. 1993)).Īlthough originally applicable to litigation against receivers, the doctrine has long been applied to bankruptcy trustees as well. 126 (1881), the Barton doctrine requires that "leave of the appointing forum must be obtained by any party wishing to institute an action in a non-appointing forum against a trustee for the acts done in the trustee's official capacity and within the trustee's authority as an officer of the court." ACE Insurance Co., Ltd. In so ruling, the Fifth Circuit distanced itself from certain other courts that have concluded that the Barton doctrine's qualified immunity from suit expires when a bankruptcy case has been closed. According to the Fifth Circuit (and the lower courts), all of the actions about which the debtor complained were performed in furtherance of the defendants' statutory or court-approved duties. ![]() 3, 2023), the Fifth Circuit, in a nonprecedential opinion, affirmed lower court rulings dismissing litigation brought by an individual debtor after her chapter 7 case was closed against her chapter 7 trustee and her lawyers without the bankruptcy court's permission. In Matter of Foster, 2023 WL 20872 (5th Cir. Court of Appeals for the Fifth Circuit as an apparent matter of first impression. The doctrine has certain exceptions, one of which-the " ultra vires exception"-was recently examined by the U.S. Order Reopening Case to File Financial Management Cert.To shield bankruptcy trustees and certain other entities from litigation arising from actions taken in their official capacity, the " Barton doctrine"-now more than a century old-provides that such litigation may be commenced only with the authority of the appointing court. Order Allowing Compensation to Debtor's Attorneys Notice of Hearing on Motion to Dismiss RMB Notice of Hearing on Motion to Dismiss KMP Notice of Hearing on Motion to Dismiss BEH Notice of Hearing for Objections to Motions to Dismiss GMH ![]() Local Form 2831 (Chapter 13 Case Completion Certifications) Order Granting the Trustee's Motion to Modify the Confirmed Chapter 13 Plan and to Limit Notice Trustee's Notice of Motion and Motion to Modify Confirmed Chapter 13 Plan on Limited Notice Trustee's Notice of Motion and Motion to (1) Require Debtor to Produce Information Under Rule 2004 and (2) Extend the Trustee's Deadline to Object to Confirmation Local Form 9011 - Notification of Change in the Manner of Payment to the Chapter 13 Trustee Local Form 9010 - Order Granting Motion to Amend on Limited Notice Unconfirmed Chapter 13 Plan Solely to Provide that Property of the Estate Will Vest in the Debtor at Plan Confirmation Local Form 9009 - Notice of Motion and Motion to Amend on Limited Notice Unconfirmed Chapter 13 Plan Solely to Provide that Property of the Estate Will Vest in the Debtor Upon Plan Confirmation Order Reopening Case to File Financial Management Cert. Order Delaying Discharge to Permit Filing of Reaffirmation Agreement Local Form 2829 (Chapter 7 Debtor's Section 522(q) Notice) Order on Motion for Relief from the Automatic Stay Order Modifying Stay to Obtain Final Judgment of Dissolution of Marriage Stipulation to Modify Stay to Obtain Final Judgment of Dissolution of Marriage ![]() Order Granting Relief From Stay to Evict Debtor From Leased Property Order Granting Relief from Stay Based on Affidavit of Default Order Approving Stipulation on Motion for Relief From Stay Order Granting Motion for Relief from Stay (Chapter 13) Order Granting Motion for Relief from Stay and Abandonment (Chapter 7) Order Continuing Automatic Stay Beyond 30 Days Notice of Motion to Continue the Automatic Stay Beyond 30 Days Lift Stay and Continue Stay Forms (All Chapters) ![]() Order Guidelines Uniform Doomsday Procedures and Forms When using a fillable form, be sure to use the "print form" button to properly save the form. The Court has developed the following sample forms that supplement the Official and Director's forms.
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