IN RE YELLOWSTONE MOUNTAIN CLUB, LLC

No. 14-35363.

841 F.3d 1090 (2016)

IN RE YELLOWSTONE MOUNTAIN CLUB, LLC, Debtor, Timothy L. Blixseth, Plaintiff-Appellant, v. Stephen R. Brown; Garlington, Lohn & Robinson, PLLP, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 28, 2016.


Attorney(s) appearing for the Case

John C. Doubek (argued), Doubek Pyfer & Fox LLP, Helena, Montana; Michael J. Ferrigno , Law Office of Michael J. Ferrigno, Boise, Idaho; for Plaintiff-Appellant.

Dale R. Cockrell (argued) and Mikel L. Moore , Moore Cockrell Goicoechea & Axelberg P.C., Kalispell, Montana, for Defendants-Appellees.

Before: Alex Kozinski, Richard A. Paez and Marsha S. Berzon, Circuit Judges.


OPINION

We consider whether, under Barton v. Barbour, 104 U.S. 126, 14 Otto 126, 26 L.Ed. 672 (1881), a plaintiff must obtain a bankruptcy court's permission before suing a member of the Unsecured Creditors' Committee (UCC) in district court, and whether bankruptcy courts...

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