The Barton doctrine provides that a court-appointed receiver cannot be sued absent “leave of court by which he was appointed.” Barton v. Barbour, 104 U.S. 126, 127 (1881).
The Barton Doctrine: Suit Against Receiver Did Not Require Court Permission
The Fifth Circuit recently addressed a new fact pattern and issue concerning the Barton doctrine: whether a receiver appointed in a state court action could be sued in a subsequent bankruptcy case of the debtor absent court permission.
By
Daniel A. Lowenthal
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