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
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.