Bankr. L. Rep. P 71,526 Lonneker Farms, Inc. And Robert Lonneker v. John Klobucher, Allen Hatley, Allen Hatley and Associates, Defendants

Lonneker’s complaint purports to allege violations of his constitutional rights arising out of bankruptcy proceedings involving his farm. It relies upon 42 U.S.C. §§ 1983 , 1985, and 1986 as the source of the right to bring suit. The allegations include the refusal of the bankruptcy judge, John Klobucher, to permit a withdrawal of Lonneker’s voluntary petition in bankruptcy, the wrongful appointment of Allen Hatley as trustee in bankruptcy by Judge Klobucher, certain wrongful acts relating to the crops and farming operations done by Hatley before he became trustee but while acting under authority given him by Judge Klobucher, other wrongful acts by Hatley while acting as a trustee, and the assertion that Judge Klobucher and Hatley at all times conspired to commit these wrongs.

The district court granted a motion to dismiss the complaint. We affirm.

We begin with what is obvious and not technical in nature. This dispute arises out of a bankruptcy proceeding. The issues raised by Lonneker should be resolved through such proceedings. It constitutes a waste of professional and judicial resources to divert such resources from the bankruptcy proceedings to a weak attempt to plead a…