Better Hearing, LLC v. Hovis (In re Hearing Help Express, Inc.)

MEMORANDUM OPINION

Thomas M. Lynch, United States Bankruptcy Judge

Defendant James E. Hovis seeks to dismiss the adversary complaint brought against him by creditor Better Hearing, LLC, purportedly on behalf of the Chapter 11 bankruptcy estate. Because Better Hearing did not obtain timely authorization to commence this adversary proceeding, Mr. Hovis’s motion will be granted. The Reorganized Debtor Hearing Help Express, Inc. has failed to demonstrate that Better Hearing, LLC’s bringing this action in its name rather than the correct party was the result of an understandable mistake permitting…