The following excerpt is from Caraway v. Klein (In re Klein), Adv. No. NC-11-3171-TEC, BAP No. NC-12-1263-JuPaD, Bk. No. NC-11-31873-TEC (B.A.P. 9th Cir. 2013):
In Carter v. Brooms (In re Brooms), 447 B.R. 258 (9th Cir. BAP 2011), the Panel considered the application of the real party in interest rule to assignments. Unlike here, in Brooms, the assignee of the judgment sought to have the prepetition judgment debt declared nondischargeable. Concerned that the assignee was not the real party in interest, the bankruptcy court required the assignee to produce evidence regarding the assignment. After assignee failed to produce the evidence, the bankruptcy court entered judgment in favor of debtor.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.