[Download] "Kay Clements v. Robert F. Barnes" by Supreme Court of Texas No. D-2205 " eBook PDF Kindle ePub Free

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eBook details

• Title: Kay Clements v. Robert F. Barnes
• Author : Supreme Court of Texas No. D-2205
• Release Date : January 17, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Per Curiam We consider whether a no-answer default-judgment was properly rendered against a court-appointed bankruptcy trustee.
On appeal by writ of error, the court of appeals affirmed the trial court's grant of default judgment against the trustee,
Kay Clements. 822 S.W.2d 658. We reverse the court of appeals and hold that because Clements' actions, as alleged, did not
exceed the scope of her authority as trustee, default judgment was improper. This case arises out of a bankruptcy proceeding brought in a Colorado bankruptcy court in which Clements, a Colorado attorney,
was appointed interim trustee. The debtor in bankruptcy filed a adversary proceeding against Robert Barnes, a Texas resident,
to bring a parcel of land into the bankruptcy estate. Barnes prevailed against the debtor. Subsequently, he brought the instant
action against the debtor, Clements, and others, alleging that they wrongfully claimed ownership of the property ad tortiously
interfered with its sale.

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