Legal Question in Bankruptcy in Georgia

Sue a bankruptcy trustee

Can I bring a lawsuit against a bankruptcy trustee personally in a court other than the bankruptcy court in order to have the case heard by an impartial judge?


Asked on 8/29/08, 9:43 am

1 Answer from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Sue a bankruptcy trustee

Just about anyone can file a complaint against anyone else. That does not mean they last very long. Lawsuits against trustees are virtually always frivolous. To even state a claim, one would generally have to show a trustee acted beyond their scope of duties as a trustee, and not just a typical complaint about what the trustee did in the case. Further, Bankruptcy judges ARE impartial, and to show otherwise, one would again have to show they acted outside the scope of their duties and had a personal interest in the outcome of the case. That is not likely. Virtually all issues involving a trustee are handled in the Bankruptcy case.

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Answered on 8/29/08, 10:13 am


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