Orix Capital Markets, L.L.C v. Rafizadeh (In Re Cyrus II Partnership)

MEMORANDUM OPINION

MARVIN ISGUR, Bankruptcy Judge.

This Court must determine whether this adversary proceeding should be dismissed based on an absence of standing by the plaintiff. For the reasons set forth below, the Court finds that Mondona Rafizadeh has no standing to pursue further relief in this adversary proceeding.

Background of Adversary Proceeding

This adversary proceeding was filed by Orix Capital Markets, L.L.C. on October 4, 2005. In the complaint, Orix sought a declaration that Mondona Rafizadeh’s debt to Orix was excepted from discharge in Ms. Rafizadeh’s chapter 7 bankruptcy case 1…