Missouri v. Cannon (In Re Cannon)

MEMORANDUM

HUNGATE, District Judge.

This matter is before the Court on appeal from an order entered by a United States Bankruptcy Judge granting debtor William Cannon’s motion to dismiss an adversary complaint for lack of standing to sue. In re Cannon, 31 B.R. 823 (Bkrtcy.E.D.Mo.1983). At issue is the question whether the State of Missouri has standing to sue for a determination of the dischargeability of debts owing to eight individuals as a result of the State’s successful civil prosecution of the debtor under the Merchandising Practices Act, Mo.Rev.Stat. § 407.010, et seq.

The parties do not…