Legal Opinion

Hyundai Translead, Inc. v. Jackson Truck & Trailer Repair, Inc. (In Re Trailer Source, Inc.)

Court of Appeals for the Sixth Circuit

Decided February 6, 2009No. 07-5584, 07-5891Published

1Dissent 1

DISSENT

2Dissent · RogersRogers, Circuit Judge

Because appellants do not have appellate standing, I would dismiss their appeal. The JT & T parties have not established that they have a protected pecuniary interest supporting reversal of either the order denying Hyundai’s request for derivative standing or the order denying Hyundai’s motion to lift stay. Accordingly, they do not have appellate standing to challenge those determinations.

“Appellate standing in bankruptcy cases is more limited than Article III standing or the prudential requirements associated therewith.” Harker v. Troutman (In re Troutman Enters., Inc.), 286 F.3d 359,…

3Cases cited26 opinions

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
  3. In Re: Combustion Engineering, Inc. First State Insurance Company Hartford Accident and Indemnity CompanyCourt of Appeals for the First Circuit · 2004
  4. In the Matter of Harry Fondiller, Debtor. Rosalyn Fondiller v. Jerome E. RobertsonCourt of Appeals for the Ninth Circuit · 1983
  5. Kane v. Johns-Manville Corp. (In re Johns-Manville Corp.)Court of Appeals for the Second Circuit · 1988

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