United States Ninth Circuit

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In re Yellowstone Mountain Club, 14-35363

In a bankruptcy action, the bankruptcy court's denial of plaintiff's request for permission, under Barton v. Barbour, 104 U.S. 126 (1881), to sue a member of an Unsecured Creditors' Committee in district court is affirmed in part and reversed in part where: 1) Barton applies to suits against UCC members who are sued for acts performed in their official capacities; and 2) the district court erred in concluding Blixseth's pre-petition claims required the permission of the bankruptcy court before he could sue in district court.

Appellate Information

  • Decided
  • Published 2016/11/28

Judges

  • KOZINSKI

Court

  • United States Ninth Circuit

Counsel