Protecting Trustees From Liability – Part V of V

By John Gustafson, Chapter 13 Trustee for the Northern District of Ohio, Western Division

(continuation of extensive outline)

2. Removal Actions By The U.S. Trustee.

See, 28 U.S.C. Section 586(d)(2). To date, there does not appear to be case law interpreting this statutory protection that provides trustees with due process rights in actions to remove them from their position. For a look at how trustee removal was handled prior to the due process subsection being added: See, Joelson v. United States, 86 F.3d 1413 (6th Cir. 1996); Balser . . .

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