Legal Opinion

Stoll v. Quintanar (In Re Stoll)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided August 3, 2000No. BAP No. CC-99-1837-PMaRi. Bankruptcy No. LA 97-29951-ER. Adversary No. LA 99-02860-ERPublishedCited by 28 opinions

1Opinion of the Court

OPINION

PERRIS, Bankruptcy Judge.

Appellant Warren Joseph Stoll (“Debt- or”) sought damages against the real estate brokers (“Appellees”) hired by the trustee in his Chapter 7 2 case to assist with the sale of real property owned by the bankruptcy estate. The bankruptcy court dismissed Debtor’s complaint. We AFFIRM because the individual beneficiaries of a bankruptcy estate, including individual creditors and the debtor (if the estate is solvent), lack standing to sue professionals employed by the trustee.

FACTS

Debtor’s Chapter 7 estate included a commercial office building (the “Property”). The…

2Cases cited19 opinions

  1. Jerry L. Branch, Valenna Branch, Colby Branch v. Dale L. Tunnell, Individually and as Special Agent of Bureau of Land Management, State of MontanaCourt of Appeals for the Ninth Circuit · 1994
  2. In Re William EISEN, Debtor. Richard MONEYMAKER, Appellant, v. Melvyn J. CoBEN, AppelleeCourt of Appeals for the Ninth Circuit · 1994
  3. Parks School of Business, Inc., Dba Parks College, a New Mexico Corporation v. Fife Symington Roy A. Nicholson Sally HeinCourt of Appeals for the Ninth Circuit · 1995
  4. Nl Industries, Inc. v. Stuart M. KaplanCourt of Appeals for the Ninth Circuit · 1986
  5. In Re Christina Thompson, Debtor. Sanford A. Kowal v. Charles M. MalkemusCourt of Appeals for the First Circuit · 1992

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3Cited by28 opinions

  1. Hasso v. Mozsgai (In Re La Sierra Financial Services, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  2. Warfel v. City of Saratoga (In Re Warfel)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
  3. Busseto Foods, Inc. v. LaizureCourt of Appeals for the Ninth Circuit · 2008
  4. Committee of Tort Litigants v. Catholic Diocese of Spokane (In Re the Catholic Bishop of Spokane)United States Bankruptcy Court, E.D. Washington · 2005
  5. Herrera v. Gonzales (In re Herrera)United States Bankruptcy Court, D. New Mexico · 2012

23 more not listed; retrieve them via the Exa API.

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