Lawrence v. Goldberg, 573 F.3d 1265 (11th Cir. 2009). · Go Syfert
Lawrence v. Goldberg, 573 F.3d 1265 (11th Cir. 2009). Cases Citing This Book View Copy Cite
“an action is related to bankruptcy if the outcome could alter the debtor's rights, liabilities, options, or freedom of action (either positively or negatively) and which in any way impacts upon the handling and administration of the bankrupt estate.”
110 citation events (110 in the last 25 years) across 41 distinct courts.
Strongest positive: Ditech Holding Corporation (nysb, 2021-08-20)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Ditech Holding Corporation
Bankr. S.D.N.Y. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
trustee was appointed by the bankruptcy court, and the trustee's court-approved counsel . . . functioned as the equivalent of court-appointed officers by helping the trustee execute his official duties.
examined Cited as authority (verbatim quote) In re W.B. Care Center, LLC (2×) also: Cited as authority (rule)
Bankr. S.D. Florida · 2013 · quote attribution · 1 verbatim quote · confidence high
an action is related to bankruptcy if the outcome could alter the debtor's rights, liabilities, options, or freedom of action (either positively or negatively) and which in any way impacts upon the handling and administration of the bankrupt estate.
discussed Cited as authority (rule) In re: Investments SWK, LLC v. Lorne A. Wray, Plaintiff, Marc P. Barmat, Chapter 7 Trustee, Defendant (2×) also: Cited "see, e.g."
Bankr. S.D. Florida · 2026 · confidence medium
Fla. 2022) (summarizing the Eleventh Circuit’s Barton doctrine jurisprudence from Carter, 220 F.3d 1249 (applying Barton to bankruptcy cases), to Lawrence, 573 F.3d 1265, 1269 (extending Barton’s protection to “court-approved counsel, other court- approved professionals, and even certain creditors the court found to have functioned as court appointed officers”), to Tufts v. Hay, 977 F.3d 1204 (11th Cir. 2020) (holding that Barton does not apply when the bankruptcy court’s in rem jurisdiction ends), to Chua v. Ekonomou, 1 F.4th 948 (11th Cir. 2021) (disavowing previously endorsed poli…
discussed Cited as authority (rule) Highland Captl Fund v. Highland Captl Mgmt
5th Cir. · 2025 · confidence medium
Md. 1994) (applying Barton to debtor-in-possession’s president); Gordon v. Nick, 1998 WL 559734 , at *2–3 (4th Cir. 1998) (applying Barton to debtor-in-possession’s general partner); Lawrence v. Goldberg, 573 F.3d 1265, 1270 (11th Cir. 2009) (applying Barton to trustee’s attorneys and creditors who “functioned as the equivalent of court appointed officers”); In re Lowenbraun, 453 F.3d 314 , 321–22 (6th Cir. 2006) (applying Barton to trustee’s attorney); In re Ditech Holding Corp., 2021 WL 3716398 , at *10 (Bankr.
discussed Cited as authority (rule) The Roman Catholic Church of the Archdiocese of New Orleans (2×) also: Cited "see"
Bankr. E.D. La. · 2023 · confidence medium
“The Supreme Court reasoned that allowing plaintiff’s action to proceed without leave of the appointing court would have been ‘an usurpation of the powers and duties which belonged exclusively to [the appointing] court.” Lawrence v. Goldberg, 573 F.3d 1265, 1269 (11th Cir. 2009) (quoting Barton, 104 U.S. at 136 ).
discussed Cited as authority (rule) Akhlaghpour v. Orantes
Cal. Ct. App. · 2022 · confidence medium
(In re VistaCare Group, LLC (3d Cir. 2012) 678 F.3d 218, 224 [collecting federal cases]; Lawrence v. Goldberg (11th Cir. 2009) 573 F.3d 1265, 1269 [“officers approved by the bankruptcy court when those officers function ‘as the equivalent of court appointed officers’”]; In re Crown Vantage, Inc. (9th Cir. 2005) 421 F.3d 963 , 971 (Crown Vantage) [Barton doctrine applies to trustees]; In re Delorean Motor Co. (6th Cir. 1993) 991 F.2d 1236, 1241 [counsel for trustees].) In a Chapter 11 bankruptcy proceeding, a debtor in possession generally has all the rights of a trustee. ( 11 U.S.C. §…
cited Cited as authority (rule) Prosser v. Carroll
Bankr. D.V.I. · 2022 · confidence medium
See In re VistaCare Group, LLC, 678 F.3d 218, 224 (3d Cir. 2012); Lawrence v. Goldberg, 573 F.3d 1265, 1269 (llth Cir. 2009).
discussed Cited as authority (rule) Frederick J Keitel, III (2×) also: Cited "see"
Bankr. S.D. Florida · 2022 · confidence medium
Id. at 1267 (stating the chapter 7 case was “ongoing”).
discussed Cited as authority (rule) Benta v. Christie's, Inc
D.V.I. · 2021 · confidence medium
See, e.g., Satterfield v. Malloy, 700 F.3d 1231, 1236 (10th Cir. 2012) (“Regardless of the manner in which a plaintiff denominates his claim, courts applying the Barton doctrine must look to the substantive allegation to determine whether a claim is related to the trustee’s bankruptcy duties”); Lawrence v. Goldberg, 573 F.3d 1265, 1268, 1271 (11th Cir. 2009) (suit against trustee and his professionals—alleging they violated wiretapping laws, RICO, and the Fair Debt Collection Practices Act in seizing property— falls within the Barton doctrine); Kaul v. Fed. of State Medical Bds, No. …
discussed Cited as authority (rule) Kaul v. Federation of State Medical Boards
D.D.C. · 2021 · confidence medium
See, e.g., In re VistaCare Grp., LLC, 678 F.3d 218, 224 (3d Cir. 2012) (holding that the Barton Doctrine applies to actions brought in another court against bankruptcy trustees for acts done in the trustee’s official capacity); Lawrence v. Goldberg, 573 F.3d 1265, 1269 (11th Cir. 2009) (same); In re Crown Vantage, Inc., 421 F.3d 963 , 970 (9th Cir. 2005) (same); Muratore v. Darr, 375 F.3d 140 , 143 22 (1st Cir. 2004) (same); In re Linton, 136 F.3d 544 , 545–46 (7th Cir. 1998) (same); In re Lehal Realty Assocs., 101 F.3d 272 , 276 (2d Cir. 1996) (same); In re DeLorean Motor Co., 991 F.2d 12…
discussed Cited as authority (rule) Mohammad M Zaman and Nasrin M Khan (2×)
Bankr. S.D. Florida · 2020 · confidence medium
Lawrence v. Goldberg, 573 F.3d 1265, 1269 (11th Cir. 2009).
cited Cited as authority (rule) Bruce C. Rosetto v. Charles Murphy
11th Cir. · 2018 · confidence medium
Lawrence v. Goldberg, 573 F.3d 1265, 1270 (11th Cir. 2009).
discussed Cited as authority (rule) BERTSCH VS. DIST. CT. (BLOOM) (2×)
Nev. · 2017 · confidence medium
See Hawaii Ventures, LLC v. Otaka, Inc., 164 P.3d 696, 716 (Haw. 2007) (defining the position of receiver and the duties associated therewith as beneficial to both parties and as "an officer of the court, deriv[ing] her authority wholly from the orders of the appointing court"); Lawrence v. Goldberg, 573 F.3d 1265, 1269 (11th Cir. 2009) (holding that "the Barton doctrine applies to actions against officers approved by the. . . court, when those officers function as the equivalent of court-appointed officers" (internal quotations omitted)).
discussed Cited as authority (rule) BERTSCH VS. DIST. CT. (BLOOM)
Nev. · 2017 · confidence medium
See Hawaii Ventures, LLC v. Otaka, Inc., 164 P.3d 696, 716 (Haw. 2007) (defining the position of receiver and the duties associated therewith as beneficial to both parties and as "an officer of the court, deriv[ing] her authority wholly from the orders of the appointing court"); Lawrence v. Goldberg, 573 F.3d 1265, 1269 (11th Cir. 2009) (holding that "the Barton doctrine applies to actions against officers approved by the. . . court, when those officers function as the equivalent of court-appointed officers" (internal quotations omitted)).
examined Cited as authority (rule) Hill v. Re (4×) also: Cited "see, e.g."
N.D. Ga. · 2017 · confidence medium
In contrast, in Lawrence v. Goldberg, 573 F.3d 1265, 1270 (11th Cir. 2009), the court held that appellant’s suit had “related to” jurisdiction because the suit could possibly have an effect on the administration of his bankruptcy estate.
discussed Cited as authority (rule) Lankford v. Wagner
10th Cir. · 2017 · confidence medium
See, e.g., McDaniel v. Blust, 668 F.3d 153, 156-57 (4th Cir. 2012); Lawrence v. Goldberg, 573 F.3d 1265, 1269-70 (11th Cir. 2009); Allard v. Weitzman (In re DeLorean Motor Co.), 991 F.2d 1236, 1241 (6th Cir. 1993).
discussed Cited as authority (rule) TMC Consulting Services, L.L.C. v. Wright
Del. Super. Ct. · 2017 · confidence medium
In its Recognition Order, the Bankruptcy Court incorporated safeguards to protect 108 See id. (explaining that a suit brought without leave to recover judgment is “virtually a suit . . . to take the property of the trust from [the receiver’s] hands and apply it to the payment of the plaintiff's claim, without regard to the rights of other creditors or the orders of the court which is administering the trust property”). 109 See e.g., In re VistaCare Group, LLC, 678 F.3d 218, 224 (3d Cir. 2012); Lawrence v. Goldberg, 573 F.3d 1265, 1269 (11th Cir. 2009); In re Crown Vantage, Inc., 421 F.3d…
cited Cited as authority (rule) Securities & Exchange Commission v. North American Clearing, Inc.
11th Cir. · 2016 · confidence medium
Lawrence v. Goldberg, 573 F.3d 1265, 1269-70 (11th Cir. 2009).
discussed Cited as authority (rule) Carter P. v. Pook & Pook, LLC.
E.D. Pa. · 2016 · confidence medium
Id. at 224 (citing Lawrence v. Goldberg, 573 F.3d 1265, 1269 (11th Cir.2009) (holding that the Barton doctrine is applicable to bankruptcy trustees); In re Crown Vantage, Inc., 421 F.3d 963 , 970 (9th Cir.2005) (same); Muratore v. Darr, 375 F.3d 140, 143 (1st Cir.2004) (same); In re Linton, 136 F.3d 544, 545-46 (7th Cir.1998) (same); In re Lehal Realty Assocs., 101 F.3d 272 , 276 (2d Cir.1996) (same); In re DeLorean Motor Co., 991 F.2d 1236, 1240 (6th Cir.1993) (same); Anderson v. United States, 520 F.2d 1027, 1029 (5th Cir.1975) (same)).
discussed Cited as authority (rule) Carroll v. Abide
5th Cir. · 2015 · confidence medium
See, e.g., Villegas, 788 F.3d at 157-59 , 2015 WL 3439254, at *1-2 (trustee appointed by Bankruptcy Court of the Southern District of Texas, and leave of bankruptcy court was required to bring suit in the District Court for the Southern District of Texas); Alexander, 718 F.3d at 764-65, 767 (same with District of Minnesota); Lawrence v. Goldberg, 573 F.3d 1265, 1267-69 (11th Cir.2009) (same with Southern District of Florida); see also Blixseth v. Brown, 470 B.R. 562, 566 (D.Mont. 2012) (“[T]he District Court is a different forum than the Bankruptcy Court for purposes of the Barton Doctrine.
discussed Cited as authority (rule) William Carroll, Jr. v. Samera Abide
5th Cir. · 2015 · confidence medium
See, e.g., Villegas, 788 F.3d at 157-59 , 2015 WL 3439254, at *1-2 (trustee appointed by Bankruptcy Court of the Southern District of Texas, and leave of bankruptcy court was *506 required to bring suit in the District Court for the Southern District of Texas); Alexander, 718 F.3d at 764-65, 767 (same with District of Minnesota); Lawrence v. Goldberg, 573 F.3d 1265, 1267-69 (11th Cir.2009) (same with Southern District of Florida); see also Blixseth v. Brown, 470 B.R. 562, 566 (D.Mont.2012) ("rr]he District Court is a different forum than the Bankruptcy Court for purposes of the Barton Doctrine…
cited Cited as authority (rule) Clark v. Bakst (In re Trafford Distributing Center, Inc.)
Bankr. S.D. Florida · 2014 · confidence medium
See Barton v. Barbour, 104 U.S. 126, 137 , 26 L.Ed. 672 (1881); Lawrence v. Goldberg, 573 F.3d 1265, 1269 (11th Cir.2009).
discussed Cited as authority (rule) Kaliner v. Antonoplos (In re DMW Marine, LLC)
Bankr. E.D. Pa. · 2014 · confidence medium
See, e.g., Satterfield, 700 F.3d at 1236 ; McDaniel v. Blust, 668 F.3d 153, 157 (4th Cir.2012); Lawrence v. Goldberg, 573 F.3d 1265, 1269 (11th Cir.2009); Crown Vantage, 421 F.3d at 974; Muratore, 375 F.3d at 147 . .Other policy considerations support limitations on the scope of the "ultra vires” exception in this case.
discussed Cited as authority (rule) In re Mutual Benefits Offshore Fund, Ltd.
S.D. Fla. · 2014 · confidence medium
The Bankruptcy Court Had Jurisdiction and Authority To Enter Final Judgment on the Ownership Issue The Court finds that the Bankruptcy Court had jurisdiction and authority to resolve the ownership issue. 28 U.S.C. § 1334 (b) provides: “district courts shall have original but not exclusive jurisdiction of all civil proceedings arising under title 11, or arising in or related to cases under title 11.” 5 “Arising under” typically means “invoking a substantive right created by the Bankruptcy Code,” and “arises in a case under” is “generally thought to involve administrative-type…
discussed Cited as authority (rule) Andrew Alexander v. John Hedback
8th Cir. · 2013 · confidence medium
Id. at 224 ; Lawrence v. Goldberg, 573 F.3d 1265, 1269 (11th Cir.2009); Beck v. Fort James Corp. (In re Crown Vantage, Inc.), 421 F.3d 963, 970 (9th Cir.2005); Muratore v. Darr, 375 F.3d 140, 143 (1st Cir.2004); In re Linton, 136 F.3d 544, 545-46 (7th Cir.1998); Lebovits v. Scheffel (In re Lehal Realty As socs.), 101 F.3d 272 , 276 (2d Cir.1996); Allard v. Weitzman (In re DeLorean Motor Co.), 991 F.2d 1236, 1240 (6th Cir.1993); Anderson v. United States, 520 F.2d 1027, 1029 (5th Cir.1975).
cited Cited as authority (rule) Hutchins v. Shatz, Schwartz & Fentin, P.C.
D. Mass. · 2013 · confidence medium
See, e.g., McDaniel v. Blust, 668 F.3d 153, 157 (4th Cir.2012); Lawrence v. Goldberg, 573 F.3d 1265, 1269-70 (11th Cir.2009); In re Lowenbraun, 453 F.3d 314, 321 (6th Cir.2006).
discussed Cited as authority (rule) Lunan v. Jones (In re Lunan)
Bankr. E.D. Tenn. · 2012 · confidence medium
Similarly, in Lawrence v. Goldberg, 573 F.3d 1265, 1271 (11th Cir.2009), the plaintiff sued the chapter 7 trustee and the trustee’s professionals alleging that they had colluded to enforce a turnover order that the bankruptcy court had improperly entered, and otherwise had unlawfully brought assets into the bankruptcy estate.
cited Cited as authority (rule) Souther v. Bacon County Health Services Inc. (In re Matrix Imaging Services Inc.)
Bankr. S.D. Ga. · 2012 · confidence medium
Lawrence v. Goldberg, 573 F.3d 1265, 1270 (11th Cir.2009).
discussed Cited as authority (rule) Ariel Preferred Retail Group, LLC v. CWCapital Asset Management
E.D. Mo. · 2012 · confidence medium
Furthermore, “[T]he Barton rationale extends to agents who are ‘the functional equivalent of a trustee [or in this case, a receiver], where they act at the direction of the trustee [or receiver] and for the purpose of administering the estate or protecting its assets.’ ” Lingenfelter, 2005 WL 1225950 , *3 quoting DeLorean Motor Co., 991 F.2d 1236, 1241 (6th Cir.1993) (other citations omitted); see also, Barton v. Barbour, 104 U.S. at 137 (wherein the Supreme Court held that a court does not have jurisdiction if the plaintiff has failed to obtain leave of court from the appointing court…
discussed Cited as authority (rule) Washington Mutual Bank v. Carlson (In Re Carlson)
11th Cir. · 2012 · confidence medium
“The test for determining whether a civil proceeding is related to bankruptcy is whether the outcome of the proceeding could conceivably have an effect on the [bankrupt estate.] The proceeding need not necessarily be against the debtor or the debtor’s property.” Lawrence v. Goldberg, 573 F.3d 1265, 1270 (11th Cir.2009) (internal alteration omitted).
discussed Cited as authority (rule) Segarra-Miranda v. RD Capital Group, Inc. (In Re Garrido Jiménez) (2×)
D.P.R. · 2011 · confidence medium
In Turner v. Universal Debt Solutions, Inc., 436 B.R. 153, 156 (Bankr.M.D.Ala-bama 2010), the Court held: “The ... test for determining whether a civil proceeding is related to bankruptcy is whether the outcome of the proceeding could conceivably have an effect on the estate being administered in bankruptcy.” Lawrence v. Goldberg, 573 F.3d 1265, 1270 (11th Cir. 2009) (citations omitted).
cited Cited as authority (rule) Lambert v. Schwab (In Re Lambert)
Bankr. M.D. Penn. · 2010 · confidence medium
Lawrence v. Goldberg, 573 F.3d 1265, 1269 (11th Cir. 2009); Carter v. Rodgers, 220 F.3d 1249 , 1252-53 (11th Cir.2000).
examined Cited as authority (rule) Turner v. Universal Debt Solutions, Inc. (In Re Turner) (3×)
M.D. Ala. · 2010 · confidence medium
“The ... test for determining whether a civil proceeding is related to bankruptcy is whether the outcome of the proceeding could conceivably have an effect on the estate being administered in bankruptcy.” Lawrence v. Goldberg, 573 F.3d 1265, 1270 (11th Cir.2009) (citations omitted).
cited Cited as authority (rule) Republic Bank v. Lighthouse Management Group, Inc.
D. Minnesota · 2010 · signal: cf. · confidence medium
June 12, 2006); cf. Lawrence v. Goldberg, 573 F.3d 1265, 1269-70 (11th Cir.2009) (analyzing whether Barton applied to all defendants).
discussed Cited "see" Anna Juravin v. Florida Bankruptcy Trustee (2×)
11th Cir. · 2024 · signal: see · confidence high
See Law- rence v. Goldberg, 573 F.3d 1265, 1270 (11th Cir. 2009) (extending the Barton doctrine to the bankruptcy trustee’s attorneys).
discussed Cited "see" Hill v. Johnson
M.D. Fla. · 2023 · signal: see · confidence high
See Lawrence v. Goldberg, 573 F.3d 1265, 1269 (11th Cir. 2009) (affirming district court’s dismissal for lack of subject matter jurisdiction based on the Barton doctrine).
cited Cited "see" Noel N. Chua, M.D. v. Andrew J. Ekonomou
11th Cir. · 2021 · signal: see · confidence high
Carter v. Rodgers, 220 F.3d 1249 , 1252 (11th Cir. 2000); see Lawrence v. Goldberg, 573 F.3d 1265, 1269 (11th Cir. 2009).
cited Cited "see" Thomas S. Tufts v. Edward C. Hay, Jr.
11th Cir. · 2020 · signal: see · confidence high
See Lawrence, 573 F.3d at 1269 .
discussed Cited "see" In re Jankauskas
Bankr. N.D. Ga. · 2018 · signal: see · confidence high
See Lawrence v. Goldberg , 573 F.3d 1265 , 1270 (11th Cir. 2009) (a court does not have "jurisdiction, without leave of the court by which the receiver was appointed, to entertain a suit against him for a cause of action ... based on his negligence or that of his servants in the performance of their duty in respect of [the property administered by the receiver]" (citing Barton v. Barbour , 104 U.S. 126 , 127, 26 L.Ed. 672 (1881) ) ); McDaniel v. Blust , 668 F.3d 153 , 156 (4th Cir. 2012) ("The Supreme Court established in Barton that before another court may obtain subject-matter jurisdiction …
cited Cited "see" Norman B. Newman, solely as Liquidating Trustee of the World Marketing Liquidating Trust v. Crane, Heyman, Simon, Welch & Clar
N.D. Ill. · 2018 · signal: see · confidence high
See Lawrence v. Goldberg, 573 F.3d 1265, 1269-70 (11th Cir. 2009); Allard v. Weitzman (In re DeLorean Motor Co.), 991 F.2d 1236, 1241 (6th Cir. 1993).
cited Cited "see" Newman v. Crane, Heyman, Simon, Welch & Clar
E.D. Ill. · 2018 · signal: see · confidence high
See *462 Lawrence v. Goldberg , 573 F.3d 1265 , 1269-70 (11th Cir. 2009) ; Allard v. Weitzman (In re DeLorean Motor Co.) , 991 F.2d 1236 , 1241 (6th Cir. 1993).
discussed Cited "see" Palaxar Group LLC v. Charles T. Rahn
11th Cir. · 2017 · signal: see · confidence high
See Lawrence v. Goldberg, 573 F.3d 1265, 1269 (11th Cir. 2009) (explaining that the Barton doctrine' applies to trustees and other officers appointed or approved by the bankruptcy court).
discussed Cited "see" MF Global Holdings Ltd. v. Allied World Assurance Co. (In re MF Global Holdings Ltd.) (2×) also: Cited "see, e.g."
Bankr. S.D.N.Y. · 2017 · signal: see · confidence high
See Lawrence, 573 F.3d at 1270 (broadly applying the Barton Doctrine in determining that the trustee, counsel to the trustee, and certain others who assisted the trustee to recover property of the estate were protected under the Barton Doctrine).
examined Cited "see" In re Jefferson County (3×)
Bankr. N.D. Ala. · 2012 · signal: see · confidence high
See Lawrence v. Goldberg, 573 F.3d 1265, 1269-70 (11th Cir.2009) (Barton Doctrine applies to officers of the court and those who are approved by the court and function as the equivalent of court-appointed officers, such as the trustee’s counsel and investigators); see also Lowenbraun v. Canary (In re Lowenbraun), 453 F.3d 314, 321 (6th Cir. 2006); Beck v. Fort James Corp. (In re Crown Vantage, Inc.), 421 F.3d 963 , 973 (9th Cir.2005).
cited Cited "see" Blixseth v. Brown
D. Mont. · 2012 · signal: accord · confidence high
Id. (citing In re DeLorean Motor Co., 991 F.2d 1236, 1240 (6th Cir.1993)); accord Lawrence v. Goldberg, 573 F.3d 1265, 1269 (11th Cir.2009).
discussed Cited "see" Michael Zuppardo v. Steven S. Osher
11th Cir. · 2011 · signal: see · confidence high
Miller v. Kemira, Inc. (In re Lemco Gypsum, Inc.), 910 F.2d 784 , 788 n19 (11th Cir. 1990) (quoting and adopting the Third Circuit’s formulation from Pacor Inc. v. Higgins, 743 F.2d 984, 994 (3d Cir. 1984)); see Lawrence v. Goldberg, 573 F.3d 1265, 1270-71 (11th Cir. 2009).
discussed Cited "see" Michael Zuppardo v. Steven S. Osher
11th Cir. · 2011 · signal: see · confidence high
Miller v. Kemira, Inc. (In re Lemco Gypsum, Inc.), 910 F.2d 784 , 788 n. 19 (11th Cir.1990) (quoting and adopting the Third Circuit’s formulation from Pacor Inc. v. Higgins, 743 F.2d 984, 994 (3d Cir.1984)); see Lawrence v. Goldberg, 573 F.3d 1265, 1270-71 (11th Cir.2009).
discussed Cited "see, e.g." Jordan v. Don A Beskrone
Bankr. D. Del. · 2025 · signal: see, e.g. · confidence medium
See, e.g., Lawrence v. Goldberg, 573 F.3d 1265, 1269 (11th Cir. 2009) (holding that the Barton doctrine is applicable to bankruptcy trustees); In re Crown Vantage, Inc., 421 F.3d 963 , 970 (9th Cir. 2005) (same); Muratore v. Darr, 375 F.3d 140, 143 (1st Cir. 2004) (same); In re Linton, 136 F.3d at 545–46 (same); In re Lehal Realty Assocs., 101 F.3d 272 , 276 (2d Cir. 1996) (same); In re DeLorean Motor Co., 991 F.2d 1236, 1240 (6th Cir. 1993) (same); Anderson v. United States, 520 F.2d 1027, 1029 (5th Cir. 1975) (same).”). 38 Id. at 225. 39 Id. (citing Porter v. Sabin, 149 U.S. 473, 479 (18…
discussed Cited "see, e.g." Prehired, LLC
Bankr. D. Del. · 2025 · signal: see, e.g. · confidence medium
See, e.g., Lawrence v. Goldberg, 573 F.3d 1265, 1269 (11th Cir. 2009) (holding that the Barton doctrine is applicable to bankruptcy trustees); In re Crown Vantage, Inc., 421 F.3d 963 , 970 (9th Cir. 2005) (same); Muratore v. Darr, 375 F.3d 140, 143 (1st Cir. 2004) (same); In re Linton, 136 F.3d at 545–46 (same); In re Lehal Realty Assocs., 101 F.3d 272 , 276 (2d Cir. 1996) (same); In re DeLorean Motor Co., 991 F.2d 1236, 1240 (6th Cir. 1993) (same); Anderson v. United States, 520 F.2d 1027, 1029 (5th Cir. 1975) (same).”). 38 Id. at 225. 39 Id. (citing Porter v. Sabin, 149 U.S. 473, 479 (18…
discussed Cited "see, e.g." The United States of America v. The City of Jackson, Mississippi
S.D. Miss. · 2024 · signal: see, e.g. · confidence medium
See, e.g., Lawrence v. Goldberg, 573 F.3d 1265, 1269 (11th Cir. 2009) (explaining Barton doctrine “applies to actions against officers approved by the […]court when those officers function ‘as the equivalent of court appointed officers’”); Lowenbraun v. Canart, 453 F.3d 314, 321 (6th Cir. 2006)(internal citations omitted).
Retrieving the full opinion text from the archive…
Stephan Jay LAWRENCE, Plaintiff-Appellant,
v.
Alan L. GOLDBERG, Crisis Management, Inc., Berger Singerman, P.A., Paul S. Singerman, James H. Fierbert, Paul Avron, Meland Russin & Budwick, P.A., Michael Budwick, Et Al., Defendants-Appellees
08-11034.
Court of Appeals for the Eleventh Circuit.
Jul 10, 2009.
573 F.3d 1265
Stephan Jay Lawrence, Miami, FL, pro se., Mark D. Cohen, Mark D. Cohen, P.A., Hollywood, FL, pro se., Edward Tillinghast, Daniel Aharoni, New York, NY, Steven Singerman, Berger Singerman, P.A., Michael S. Budwick, Me-land Russin & Budwick, PA, Miami, FL, Noah Scott Bender, Mitrani, Rynor & Adamsky, P.A., Weston, FL, Matthew E. Wolper, Bressler Amery & Ross, P.C., Miramar, FL, for Edward Tillinghast., Paul A. Avron, Berger Singerman, P.A., Miami, FL, for Goldberg, Crisis Management, Inc., Isaac J. Mitrani, Mitrani, Rynor, Adam-sky & Toland, P.S., Miami, FL, for Berger Singerman, P.A., Paul Singerman, Fier-bert, Avron., Stephen Frederick Rosenthal, Podhurst Orseck, P.A., Miami, FL, for Interior, Inc., Juval Aviv., Cheryl Elyse Zuckerman, Meland Rus-sin & Budwick, P.A., Miami, FL, for Me-land Russin & Budwick, PA., Bennett Falk, Bressler, Amery & Ross, P.C., Miramar, FL, for Bear Sterns & Co., Taub, Lehman., Howard N. Kahn, Kahn, Chenkin & Resnik, PL, Dania, FL, for Zuckerman.
Dubina, Carnes, Wilson.
Cited by 59 opinions  |  Published
Pinpoint authority: bottom 56%
DUBINA, Chief Judge:

Appellant Stephan Jay Lawrence, appearing pro se, appeals the district court’s dismissal of his civil suit for lack of subject matter jurisdiction under Barton v. Barbour, 104 U.S. 126, 26 L.Ed. 672 (1881) (“the Barton doctrine”). For the reasons that follow, we affirm.

I. BACKGROUND

The present appeal arises out of events occurring in connection with Lawrence’s ongoing Chapter 7 bankruptcy proceeding, which has been the subject of litigation before the bankruptcy court in the Southern District of Florida since 1997.

Lawrence, an options trader, incurred a large margin default debt with the investment firm Bear Stearns & Co., Inc. (“Bear Stearns”). An arbitrator entered an award of $20.4 million against Lawrence in favor of Bear Stearns. Bear Stearns confirmed this arbitration award in the Southern District of New York and then registered the New York judgment in the Southern District of Florida. Because Lawrence admitted that he had placed $7 million of his assets in an offshore spendthrift trust (“the Mauritian trust”), the district court in Bear Stearns’s suit to enforce the $20.4 million judgment granted Bear Stearns leave to implead a trust representative. Lawrence responded in June 1997 by voluntarily filing for bankruptcy. Thereafter, all collection efforts were pursued under the aegis of the Chapter 7 trustee for Lawrence’s estate, Alan L. Goldberg (“the Trustee”).

The bankruptcy proceeding has been contentious. Lawrence unsuccessfully sought to have the Trustee’s counsel disqualified. In addition, Lawrence represented that although he initially reserved authority to appoint trustees and designate himself as a beneficiary of the Mauritian trust, a March 1995 amendment to the trust labeled him an “excluded person,” depriving him of any beneficial interest in, control over, or knowledge of, the trust’s assets or activities. The Trustee disputed Lawrence’s characterization of the effect of the 1995 amendment to the Mauritian trust and argued that the Mauritian trust’s assets belonged in Lawrence’s bankruptcy estate.

Because the bankruptcy court concluded that Lawrence’s failure to respond to discovery requests concerning the Mauritian trust was willful and in bad faith, the bankruptcy court entered a default judgment against Lawrence, finding that the Mauritian trust was property of the estate. In July 1999, the Trustee sought an order directing Lawrence to turn over the assets of the Mauritian trust (“the Turn Over Order”), which the bankruptcy court granted.

At a status conference convened to determine Lawrence’s compliance with the Turn Over Order, the bankruptcy court rejected Lawrence’s impossibility defense and found that Lawrence controlled the Mauritian trust through his retained powers to remove and appoint trustees and to add and exclude beneficiaries. The bankruptcy court issued a contempt order against Lawrence for failing to turn over the assets of the Mauritian trust, fining[*1268] Lawrence at the rate of $10,000 per day if he did not comply.

In October 1999, after Lawrence’s continued failure to comply with the Turn Over Order and the related contempt order, the bankruptcy court ordered Lawrence incarcerated pending compliance. In July 2000, the district court affirmed both the Turn Over Order and the contempt order, and Lawrence was incarcerated in September 2000. This court affirmed the district court’s rulings on the Turn Over Order and the contempt order. Lawrence v. Goldberg (In re Lawrence), 279 F.3d 1294, 1296 (11th Cir.2002).

Seeking release from prison, Lawrence filed a petition for mandamus or prohibition in March 2004. The district court denied Lawrence’s petition, and this court affirmed. Lawrence v. U.S. Bankruptcy Court, 153 Fed.Appx. 552, 553 (11th Cir.2005) (unpublished). Despite the district court’s order prohibiting Lawrence from making further filings with the district court, Lawrence’s bankruptcy proceeding remained pending. Id. at 554.

Lawrence filed the instant 18-count amended complaint in August 2006, alleging, inter alia, that the Trustee and a group of creditors conspired to enforce the Turn Over Order and to gain a litigation advantage by: wrongfully obtaining orders authorizing the filing of sealed ex parte pleadings, hiring private investigators, holding in camera discovery hearings, and obtaining Lawrence’s tape-recorded telephone conversations from prison. Lawrence alleged that such conduct violated federal wiretapping law, 18 U.S.C. §§ 2510-2522, 2701(a), -2702(a), 2703 and 2707(g); the Racketeer-Influenced Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1962; the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692d(1), 1692e(10) and 1692f; federal and constitutional rights under 42 U.S.C. § 1983 and Bivens v. Six Unknown Narcotics Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971); and Florida state laws.

Lawrence named twelve “Trustee” defendants: the Trustee; Crisis Management, Inc. (“CM”), the Trustee’s consulting firm; [1] Berger Singerman, P.A. (“Berger”), a law firm that represented the Trustee; Paul S. Singerman, a Berger partner; James H. Fierberg, a Berger attorney who allegedly filed a false affidavit; Paul Avron, a Berger attorney who presented arguments to the bankruptcy court; Michael Budwick, the Trustee’s special counsel; Budwick’s law firm, Meland Russin & Budwick, P.A. (“MRB”);. Edward Tillinghast III, an attorney with the Coudert Brothers law firm; the Coudert Brothers law firm; [2] Interior, Inc., an investigative services firm; and Juval Aviv, an investigator and Interior’s owner.

Lawrence also named seven “Creditor” defendants: Bear Stearns; Daniel Taub, a Bear Stearns managing director; Mark Lehman, a Bear Stearns managing director; Mark Cohen, a creditors’ attorney; Mark D. Cohen, P.A., Cohen’s law firm; Howard Kahn, a second creditors’ attorney; and Kahn, Zuckerman, P.A. [3]

[*1269] The district court dismissed Lawrence’s amended complaint in its entirety for lack of subject matter jurisdiction under Barton v. Barbour, 104 U.S. 126, 26 L.Ed. 672 (1881). Lawrence then perfected this appeal. [4]

II. DISCUSSION

“We review a dismissal for lack of subject matter jurisdiction de novo.” Carter v. Rodgers, 220 F.3d 1249, 1252 n. 3 (11th Cir.2000).

The district court dismissed Lawrence’s complaint on the basis of the Barton doctrine. In Barton, a court in equity had appointed a receiver “of all the property, rights, and franchises” of a railroad company. Barton, 104 U.S. at 126-27. While the receiver was operating the railroad, one of the company’s train cars derailed, and a passenger sustained personal injuries. Id. at 127. The injured passenger attempted to sue the receiver without obtaining the leave of the court that had appointed the receiver. Id. The Supreme Court reasoned that allowing the plaintiffs action to proceed without leave of the appointing court would have been “an usurpation of the powers and duties which belonged exclusively to [the appointing] court.” Id. at 136. Therefore, the Supreme Court held that a court does not have “jurisdiction, without leave of the court by which the receiver was appointed, to entertain a suit against him for a cause of action ... based on his negligence or that of his servants in the performance of their duty in respect of [the property administered by the receiver].” Id. at 137.

In 2000, we held — in our only published case interpreting the Barton doctrine' — that, as a matter of federal common law, “a debtor must obtain leave of the bankruptcy court before initiating an action in district court when that action is against the trustee or other bankruptcy-court-appointed officer, for acts done in the actor’s official capacity.” Carter, 220 F.3d at 1252. We also held that the Barton doctrine applies to actions against officers approved by the bankruptcy court when those officers function “as the equivalent of court appointed officers.” Id. at 1252 n. 4; cf. Lowenbraun v. Canary {In re Lowenbraun), 453 F.3d 314, 321 (6th Cir.2006) (holding that the Barton Doctrine “applies to trustees’ counsel as well as to trustees themselves”). In Carter, we explained that the Barton doctrine helps to ensure the proper functioning of the bankruptcy process:

If [the trustee] is burdened with having to defend against suits by litigants disappointed by his actions on the court’s behalf, his work for the court will be impeded.... Without the requirement [of leave], trusteeship will become a more irksome duty, and so it will be harder for courts to find competent people to appoint as trustees. Trustees will have to pay higher malpractice premiums, and this will make the administration of the bankruptcy laws more expensive .... Furthermore, requiring that leave to sue be sought enables bankruptcy judges to monitor the work of the trustees more effectively.

Carter, 220 F.3d at 1252-53 (alteration in original) (quoting In re Linton, 136 F.3d 544, 545 (7th Cir.1998)).

Lawrence argues that the district court should not have applied the Barton doctrine to all of the defendants in his civil[*1270] suit. We disagree. It is undisputed that Lawrence did not obtain leave of the bankruptcy court before filing his amended complaint in the district court. The Trustee was appointed by the bankruptcy court, and the Trustee’s court-approved counsel — the Berger firm and attorneys Singerman, Berger, Fierberg, and Avron; the MRB firm and attorney Budwick; and attorney Tillinghast of the Coudert Brothers firm — functioned as the equivalent of court-appointed officers by helping the Trustee execute his official duties. While Lawrence claims that the Trustee, through counsel, abused his official position, he concedes that the Trustee ostensibly undertook the challenged actions in his official capacity and for the purpose of enforcing the bankruptcy court’s Turn Over Order. See 11 U.S.C. § 704(a)(1) (The Trustee has a duty to “collect and reduce to money the property of the estate.”). The bankruptcy court also approved the Trustee’s hiring of investigator Aviv and his company Interior, Inc. to help him discharge his duty to locate assets belonging to the bankruptcy estate. Thus, Aviv and Interior, Inc. also functioned as the equivalent of court appointed officers, and Lawrence’s claims that they violated the terms of their retainers concerned actions taken in their official capacities.

With regard to the creditor defendants, the bankruptcy court approved a financing arrangement in which the creditors— namely Bear Stearns, acting through managing partners Taub and Lehman — would advance the costs necessary to recover property of the estate and would receive repayment from recovered assets, if any. Thus, to the extent the creditors financed the Trustee’s efforts to locate hidden assets on behalf of the estate, they likewise functioned as the equivalent of court appointed officers, as did their counsel. By alleging that the creditors, through counsel, hired professionals for their own benefit but billed their fees to the estate, Lawrence essentially claimed that they breached their official fiduciary duties to the Trustee and the bankruptcy court.

Lawrence next contends that the Barton doctrine does not apply because his civil suit is unrelated to his bankruptcy proceeding. [5] We disagree. Bankruptcy courts have jurisdiction to hear “any or all cases under title 11 and any or all proceedings arising under title 11 or arising in or related to a case under title 11,” upon referral by a district court. 28 U.S.C. § 157(a) (2006). “ ‘Arising under’ proceedings are matters invoking a substantive right created by the Bankruptcy Code. The ‘arising in a case under’ category is generally thought to involve administrative-type matters.... ” Cont’l Nat’l Bank of Miami v. Sanchez (In re Toledo), 170 F.3d 1340, 1345 (11th Cir.1999) (citations omitted). We have adopted the following guidelines for determining whether a civil proceeding is “related to” a bankruptcy proceeding:

The ... test for determining whether a civil proceeding is related to bankruptcy is whether the outcome of the proceeding could conceivably have an effect on the estate being administered in bankruptcy. The proceeding need not necessarily be against the debtor or against the debtor’s property. An action is related to bankruptcy if the outcome could alter the debtor’s rights, liabilities, options, or freedom of action (either positively or negatively) and which in any[*1271] way impacts upon the handling and administration of the bankrupt estate.

Miller v. Kemira, Inc. (In re Lemco Gypsum, Inc.), 910 F.2d 784, 788 (11th Cir.1990) (quoting Pacor Inc. v. Higgins, 743 F.2d 984, 994 (3d Cir.1984)).

Although Lawrence raises claims under a variety of state and federal laws, the essence of Lawrence’s complaint is that the Trustee and the other defendants colluded to enforce the Turn Over Order, an order of the bankruptcy court, and otherwise unlawfully attempted to bring assets into the bankruptcy estate. The outcome of Lawrence’s civil suit clearly could have an effect on the handling and administration of his bankruptcy estate. All of Lawrence’s civil claims fall within the scope of the Barton doctrine because they are “related to” his bankruptcy proceeding.

For the reasons set forth above, we affirm the district court’s order dismissing Lawrence’s amended complaint in its entirety. [6]

AFFIRMED.

1

.While Lawrence lists CM as a party in the statement of facts in his appellate brief, he does not challenge the district court’s dismissal of CM in his arguments to this court. Accordingly, he has waived any claim in this respect. See Lucas v. W.W. Grainger, Inc., 257 F.3d 1249, 1255 n. 1 (11th Cir.2001) (holding that claims not raised in an initial brief on appeal are deemed waived).

2

. Lawrence dismissed his claims against the Coudert Brothers law firm after it declared bankruptcy.

3

. Kahn, Zuckerman, P.A. is not an existing law firm.

4

. Although Lawrence challenges the district court’s order denying his post-dismissal motion to quash judicial notice with regard to the district court's alternative dismissal of his amended complaint under Federal Rule of Civil Procedure 12(b)(6), it is not necessary for us to resolve the validity of that order in light of our disposition of this appeal on other grounds.

5

. In Carter, we left open the question "whether leave of the bankruptcy court is required when a debtor sues a trustee [or other bankruptcy-court-approved officer] for a tort completely 'unrelated to’ and 'outside the scope' of the bankruptcy proceeding.” Carter, 220 F.3d at 1253. Because we conclude that Lawrence’s civil claims are related to his bankruptcy proceeding, we need not answer the question left open in Carter.

6

. Because of our disposition of this appeal, we decline to consider the parties’ remaining arguments.