Many people who have filed for bankruptcy and run into trouble often think of suing the bankruptcy trustee or bankruptcy receiver. However, the Barton doctrine makes it very difficult to do so. Under the Barton doctrine, in order to sue a bankruptcy trustee or bankruptcy receiver, the person who wants to sue must get permission from the bankruptcy court. There are two general exceptions to this rule: (1) when the trustee or receiver commits a tort in the court of operating the debtor’s business, and (2) when the trustee or receiver mistakenly or wrongfully seizes property that is not property of the estate from a third party.
If you have filed for bankruptcy and things have gotten complicated, feel free to contact our law office at 816-524-4949 or visit our website at Hoorfarlaw.com.