Zack v. Morgan & Mcclarty

Per Curiam. This is a civil rights action in which the plaintiff, a debtor in bankruptcy, alleges that he was deprived of property without due process of law when the bankruptcy trustee willfully failed to pursue certain causes of action on behalf of the estate. The district court dismissed the complaint on immunity grounds. We conclude that the district court lacked authority to adjudicate the merits of the case, the plaintiff having failed to seek leave of the bankruptcy court before filing suit against the trustee. See In re DeLorean Motor Co., 991 F.2d 1236 (6th Cir. 1993). We shall therefore affirm the dismissal without reaching the immunity question.