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McKINSTRY v. SERGENT

Civil No. 10-110-ART.

442 B.R. 567 (2011)

Taft A. McKINSTRY, Plaintiff, v. Harold E. SERGENT, et al., Defendants.

United States District Court, E.D. Kentucky, Southern Division, Pikeville.

January 12, 2011.

Attorney(s) appearing for the Case

Adam P. Schiffer , Andrew S. Hicks , Logan E. Johnson , Amy E. Tabor , Schiffer Odom Hicks & Johnson, PLLC, Houston, TX, C.V. Reynolds , Geoffrey D. Marsh , Reynolds Law Offices, PSC, Prestonsburg, KY, Ellen Arvin Kennedy , Grahmn Morgan , Lee A. Smith , Dinsmore & Shohl LLP, Lexington, KY, for Plaintiff.

Jay S. Geller , Jeremy R. Fischer , Paul McDonald , Bernstein, Shur, Sawyer & Nelson, P.A., Portland, ME, Jay Edward Ingle , Mary Elisabeth Naumann , Jackson Kelly PLLC, Lexington, KY, John C. Goodchild, III , Morgan, Lewis & Bockius, LLP, Philadelphia, PA, Kevin B. Dreher , Morgan, Lewis & Bockius, LLP, Chicago, IL, for Defendants.

MEMORANDUM OPINION & ORDER

AMUL R. THAPAR, District Judge.

The plaintiff trustee's trust is designed specifically to wind up the extinct debtor's affairs in the aftermath of its bankruptcy, including its causes of action. In fact, some of the causes of action here were specifically assigned to the trust to pursue on behalf of the debtor's unsecured creditors. And all of the causes of action seek to redress conduct that purportedly led to the debtor...

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