Q: 28 USC §586 creates a duty of the US Trustee to the citizens of New York. If so, can they be sued for tort under FTCA?
28 USC §586 is the statute that sets out the duty of the US Trustee in overseeing a Bankruptcy action. If they breach this duty (for example purposely not appointing a unsecured creditors committee in Chapter 11) can they be sued for a tort under the Federal Tort Claims act (FTCA)? If yes would Negligence be a common law cause of action?
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A:
This is not the type of vague hypothetical question that is appropriate to this forum.
To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced Bankruptcy attorney. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck.
A: No. You obviously have some issue with the US Trustee. Talk to a lawyer about handling it right. What you are discussing is not going to advance the ball for you.
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