Brooks

Brooks v. United States

Good Law
127 F.3d 1192·1997 WL 680070
United States Court of Appeals for the Ninth CircuitNovember 4, 1997No. 96-17285California1,482 words

Opinion

Lead Opinion

Schroeder, J.

The United States Trustee for the District of Arizona in 1994 removed appellant Richard Brooks from the panel of Chapter 7 Bankruptcy Trustees for the District. He filed a complaint against the United States, the U.S. Trustee, and other federal employees. The district court dismissed the complaint pursuant to Federal Rules of Civil Procedure 12(b)(6) for failure to state a claim on which relief could be granted. In this appeal, Brooks contends he has stated a claim that his removal violated his due process rights. We affirm the district court’s dismissal.

Congress created the U.S. Trustee Program within the Department of Justice to assume the administrative responsibilities for bankruptcy cases. See 28 U.S.C. § 586 (1993). Under the trustee program, the Attorney General appoints a U.S. Trustee in each of twenty-one regions across the United States. See 28 U.S.C. § 581 . One of the primary responsibilities of each U.S. Trustee is to “establish, maintain and supervise” a panel of persons who are eligible and available to serve as trustees in cases filed under Chapter 7 of the Bankruptcy Code. 28 U.S.C. § 586 (a). The U.S. Trustee may appoint to a Chapter 7 trustee panel any…

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