Legal Opinion
Estate of Spirtos v. One San Bernardino County Superior Court Case Numbered SPR 02211
Court of Appeals for the Ninth Circuit
Decided April 11, 2006No. 03-56405PublishedCited by 1 opinion
1Opinion of the Court
BYBEE, Circuit Judge.
In this case, we are faced with the question of whether a creditor of a bankruptcy-estate has standing to bring a claim on behalf of the estate. We hold that 11 U.S.C. § 323 vests the bankruptcy trustee with the exclusive right to sue on behalf of the bankruptcy estate.
I. FACTS AND PROCEDURAL HISTORY
Basil and Thelma Spirtos were married in 1954. They had six children together, two adopted and four biological. In 1983, Basil and Thelma 1 entered into a Marital Settlement Agreement (“MSA”) which the Los Angeles Superior Court reduced to judgment in 1984. However, Basil…
2Cases cited17 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- In Re William EISEN, Debtor. Richard MONEYMAKER, Appellant, v. Melvyn J. CoBEN, AppelleeCourt of Appeals for the Ninth Circuit · 1994
- Ove v. GwinnCourt of Appeals for the Ninth Circuit · 2001
- Parker v. Wendy's International, Inc.Court of Appeals for the Eleventh Circuit · 2004
- Morton v. GTE Southwest Inc. (Wieburg)Court of Appeals for the Fifth Circuit · 2001
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3Cited by1 opinion
- Estate of Spirtos v. One San Bernardino County Superior Court Case Numbered SPR 02211Court of Appeals for the Ninth Circuit · 2006