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Squire v. D.B. Zwiru Special Opportunities Fund FP

Squire v. D.B. Zwiru Special Opportunities Fund FP

Ruling
Debtor did not have standing to pursue counterclaims in adversary proceeding that properly belonged to trustee.
Procedural posture

Debtor sought review of an order of the Bankruptcy Court of the Southern District of Ohio, which dismissed, for lack of standing, his counterclaim against appellee creditor for breach of the implied covenant of good faith and fair dealing and violations of the Racketeer Influenced and Corrupt Organization Act (RICO).

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Consumer opinion summary, case decided on March 31, 2009 , LexisNexis #0509-026