Trustee is working for the court and all "legal" actions are given quasi judicial immunity. Oddly, a trustee named Duck, regularly stole from estates and could not be prosecuted for cases where final decree was entered. Don't worry he got lots of time for stealing from open cases.
D
Sent from my iPhone
On Mar 27, 2013, at 5:06 PM, "Patrick T. Green" wrote:
> The case law I read said it was derived from the law on receivers and that a trustee is the functional equivalent of a receiver and as such should get the same protections.
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> If you have any questions or concerns, please contact me.
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> Pat
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> Patrick T. Green
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> Attorney at Law
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> Fitzgerald & Green
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> 1010 E. Union St. Ste. 206
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> Pasadena, CA 91106
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> Tel: 626-449-8433
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> Fax: 626-449-0565
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pat@fitzgreenlaw.com
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Jason Wallach
> Sent: Wednesday, March 27, 2013 2:50 PM
> To:
cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Barton doctrine
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> I think the same doctrine or procedure (it might be statutory) applies to suits against Receivers.
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> Jason
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> Jason Wallach
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> Gladstone Michel Weisberg Willner & Sloane, ALC
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> 4551 Glencoe Avenue, Suite 300
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> Marina del Rey CA 90292
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> (310) 821-9000
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www.gladstonemichel.com
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jwallach@gladstonemichel.com
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> On Mar 26, 2013, at 6:56 PM, Wesley H. Avery wrote:
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> Amen. Larry is in Washington D.C. with his family, so I say Amen for him too.
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> Wesley H. Avery
> Wesley H. Avery, Esq.
> Roquemore, Pringle & Moore, Inc.
> 6055 E. Washington Blvd., Ste. 500
> Los Angeles, CA 90040-2466
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wavery@rpmlaw.com
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http://www.rpmlaw.com
> (323) 724-3117 (office)
> (323) 724-5410 (fax)
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> Law Offices of Wesley H. Avery, APC
> 28005 Smyth Drive, Ste. 125
> Valencia, CA 91355-4023
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wavery@thebankruptcylawcenter.com
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http://www.thebankruptcylawcenter.com
> (661) 295-4673 (direct)
> (661) 295-4674 (office)
> (661) 430-5467 (fax)
> (661) 618-7376 (cell)
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> Certified Specialist
> Bankruptcy Law
> State Bar of California
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> Board Certified
> Business Bankruptcy Law
> American Board of Certification
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Patrick T. Green
> Sent: Tuesday, March 26, 2013 6:45 PM
> To:
cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Barton doctrine
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> How many of you know what the Barton doctrine is? Know means the knowledge is inside your head when you see the question, not what you know now that you have now looked it up on the internet.
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> It was unknown to me until this afternoon. It stands for the proposition that trustees have quasi immunity from suit in their official activities and to sue them you have to get leave from the court that appointed them. There are 9th circuit cases on the issue.
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> Larry and Wes think it is a wonderful doctrine, at least when they are wearing their trustee hats.
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> If you have any questions or concerns, please contact Barton Fink.
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> Pat
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> Patrick T. Green
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> Attorney at Law
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> Fitzgerald & Green
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> 1010 E. Union St. Ste. 206
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> Pasadena, CA 91106
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> Tel: 626-449-8433
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> Fax: 626-449-0565
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pat@fitzgreenlaw.com
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Amen. Larry is in Washington D.C. with his family, so I say Amen for him too. Wesley H. AveryWesley H. Avery, Esq. Roquemore, Pringle & Moore, Inc. 6055 E. Washington Blvd., Ste. 500 Los Angeles, CA 90040-2466
wavery@rpmlaw.com http://www.rpmlaw.com (323) 724-3117 (office) Law Offices of Wesley H. Avery, APC28005 Smyth Drive, Ste. 125 Valencia, CA 91355-4023
wavery@thebankruptcylawcenter.com http://www.thebankruptcylawcenter.com (661) 295-4673 (direct) (661) 295-4674 (office) (661) 430-5467 (fax) (661) 618-7376 (cell) <image001.gif>Certified Specialist
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