From the Editor – Chapter 13 Issues

By The Honorable William Houston Brown (Retired)

Trustee was “person acting under” officer of United States for removal of suit. A standing Chapter 13 trustee was sued by a terminated employee in state court, and the trustee removed action to federal district court, under the federal officer removal statute, 28 U.S.C.A. § 1442. Chapter 13 trustees receive delegated authority, assisting and carrying out duties of the United States trustee; as such, the Chapter 13 trustee was “acting under” an officer of the United States. A colorable federal defense was asserted, and the trustee was . . .

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