United States Trustee for the Western District of Virginia v. Clark

PHILLIPS, Circuit Judge:

This is an appeal by a United States trustee (trustee) from the district court’s decision that the trustee did not have standing to appeal a bankruptcy court’s refusal to entertain a motion by the trustee to dismiss under 11 U.S.C. § 707(b), and from the bankruptcy court’s underlying dismissal of the motion. Because we hold that the trustee has standing to appeal and, on the merits, that the trustee can file a § 707(b) motion at the suggestion of a creditor, we reverse both the district court and bankruptcy court decisions.

• I

After Cleatus Clark (Clark) filed a…