Golden

Golden v. Kipperman

Good Law
United States District Court, Southern District of CaliforniaSeptember 10, 20203:20-cv-00855California2,306 words

Opinion

Trial Court Opinion

BACKGROUND

23 On November 15, 2017, Plaintiff Lisa Golden (“Plaintiff”) filed a voluntary petition 24 for relief under Chapter 7 of the United States Bankruptcy Code in the United States 25 Bankruptcy Court for the Southern District of California. See No.17-06928-MM7 (Bankr. 26 S.D. Cal. 2017). Defendant Richard Kipperman was thereafter appointed the Chapter 7 27 Trustee for Plaintiff’s bankruptcy case, and he currently continues to serve in that capacity. 28 (Kipperman Mot. to Dis., ECF No. 10, at 1.) Defendants David Ortiz and Tiffany Carroll are employees of the Office of the United States Trustee. (Compl. at 4.) The Office of the United States Trustee supervises the administration of cases and trustees in bankruptcy cases commenced under Chapter 7, 11, and 13 of the Bankruptcy Code. See 28 U.S.C. § 586(a)(3). One of the primary functions of the United States trustee is to maintain and supervise a panel of private trustees, see 28 U.S.C. § 586(a)(1), but they may serve and perform the duties of a private trustee under certain circumstances. See 28 U.S.C. § 586(a)(2). On May 6, 2020, Plaintiff filed the present Bivens claim, alleging that…

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