Does the trustee have standing to sue on behalf of the estate?

federal, United States of America

The following excerpt is from Whitney v. Everett (In re Pac. Thomas Corp.), BAP No. NC-16-1255-BJuF (B.A.P. 9th Cir. 2017):

The Bankruptcy Code designates the trustee as the estate's representative and endows him or her with the "exclusive right" to sue and be sued in that capacity. See 323(a); Spirtos v. One San Bernardino Cty. Super. Ct. Case, 443 F.3d 1172, 1175-76 (9th Cir. 2006). Thus, generally speaking, only the trustee has standing to prosecute any legal claim on behalf of the estate. Spirtos, 443 F.3d at 1176.

As a threshold matter, Whitney did not have the right to file

Page 10

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