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§ 323(a)

Solt v. Credit Prot. Assn LP (In re Solt)

Mar
23
2010
Ruling
Debtor lacked standing to bring Fair Debt Collection Practices Act action that was property of the estate.
Procedural posture

Plaintiff chapter 7 debtor filed a complaint against defendant, a debt collection agency, alleging that the debt collection agency, prepetition, violated 15 U.S.C.S. § 1692g of the Fair Debt Collection Practices Act (FDCPA). The court held a hearing on the issue of whether it had subject matter jurisdiction to hear the complaint.

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Consumer opinion summary, case decided on March 23, 2010 , LexisNexis #0510-037
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Bluemark Inc. v. Geeks on Call Holdings Inc.

Nov
19
2009
Ruling
Chapter 11 debtor in possession no longer had standing to bring RICO action after conversion to chapter 7.
Procedural posture

Plaintiff franchisee brought a breach of contract, fraud, and Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C.S. § 1961 et seq., action against defendants, franchisors. The franchisors moved to dismiss. After the franchisee's bankruptcy filing came to light, the court ordered it to show cause why the case should not have been dismissed for lack of standing. The franchisee moved for extension of time. The case was before a magistrate.

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Commercial opinion summary, case decided on November 19, 2009 , LexisNexis #0110-108
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