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Ask AttyHeather Your Own Question
AttyHeather, Lawyer
Category: Bankruptcy Law
Satisfied Customers: 609
Experience:  15 years law practice experience
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What recourse is there a bankruptcy trustee who has

Customer Question

What recourse is there for suing a bankruptcy trustee who has committed fraud on the court by producing false documents and statements to that court in order to get a judgment? The judge was made aware of her fraudulent behavior and documents prior to making his judgment.
We are fully aware of the Barton Doctrine that bars such a suit against a trustee without first obtaining permission of the appointing court. We have twice filed leave to file a suit against the trustee with the bankruptcy court, and were denied both times. The judge is protecting the trustee, so we can’t get past him; he is blocking us from any action. So, we tried appealing our judgment in District Court, but were denied because of lack of subject matter jurisdiction per the Barton Doctrine. How is it possible that the Barton Doctrine can protect a trustee from ILLEGAL acts while acting in her official capacity?
Submitted: 8 months ago.
Category: Bankruptcy Law
Expert:  AttyHeather replied 8 months ago.

Hi, I'm Heather, an attorney with 15 years experience and I'd be happy to assist for informational purposes.

If your lawsuit is not getting anywhere, and you are convinced that the trustee has acted fraudulently, you could file a bar complaint. Typically trustees are licensed attorneys and if this attorney is not acting in an honest way, you can file a complaint against her license.

Has that helped?

Customer: replied 8 months ago.
The trustee is not an atty, but has attys working for her. Are you familiar with the Barton Doctrine? That is our stone wall.
Customer: replied 8 months ago.
Heather, I have to log off now, but would appreciate continuing this conversation with you.As pro se, we have been fighting almost 5 years on this case!!! With the underlying case (a Ponzi scheme fraudulent transfers avoidance), an appeal, and we have filed a Complaint against the Trustee and her attys for fraud on the court and corruption. The clerk's minutes of our pre-trial hearing did NOT reflect the actual transactions in the hearing and caused us the deprivation of evidence that was used against us by the Trustee in the underlying case. We have the transcript and audio recording to prove it......... it seems the corruption runs deep in this court! None of the judges would even address the discrepancy of the transcript with the minutes. It is so frustrating!A magistrate judge was assigned to give a Recommendation on our Claim against the Trustee, in which she recommends the trial judge DENY our Complaint. We need a way around the immunity provided to these officers of the court by the Barton Doctrine. After much research, we are unable to find any cases that defeated the immunity clause. Up against a wall.........