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Michael Goldstein v. Richard Diamond, 15-2408 (2015)

Court: Court of Appeals for the Eighth Circuit Number: 15-2408 Visitors: 57
Filed: Dec. 14, 2015
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 15-2408 _ In re: Richard Allen Diamond lllllllllllllllllllllDebtor - Michael Jay Goldstein lllllllllllllllllllllAppellant Michael Fitzgerald v. Richard Allen Diamond lllllllllllllllllllllAppellee _ Appeal from the United States Bankruptcy Appellate Panel for the Eighth Circuit _ Submitted: December 1, 2015 Filed: December 14, 2015 [Unpublished] _ Before SMITH, BYE, and SHEPHERD, Circuit Judges. _ PER CURIAM. Michael Goldstein appeals t
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               United States Court of Appeals
                         For the Eighth Circuit
                     ___________________________

                             No. 15-2408
                     ___________________________

                      In re: Richard Allen Diamond

                          lllllllllllllllllllllDebtor

                         ------------------------------

                          Michael Jay Goldstein

                         lllllllllllllllllllllAppellant

                            Michael Fitzgerald

                                      v.

                         Richard Allen Diamond

                         lllllllllllllllllllllAppellee
                               ____________

                 Appeal from the United States Bankruptcy
                   Appellate Panel for the Eighth Circuit
                              ____________

                       Submitted: December 1, 2015
                        Filed: December 14, 2015
                             [Unpublished]
                             ____________

Before SMITH, BYE, and SHEPHERD, Circuit Judges.
                            ____________
PER CURIAM.

       Michael Goldstein appeals the judgment of the Bankruptcy Appellate Panel
(BAP), affirming the bankruptcy court’s1 order dismissing his adversarial complaint.
Upon independent review, we conclude that Goldstein lacks standing to appeal the
bankruptcy court’s order. See Sears v. U.S. Tr., 
734 F.3d 810
, 819 (8th Cir. 2013)
(appellate standing in bankruptcy cases is more limited than Article III standing or
prudential standing requirements associated therewith; person-aggrieved doctrine
limits standing to persons with financial stake in bankruptcy court’s order, meaning
they were directly and adversely affected by order). Accordingly, we dismiss this
appeal. See In re Heyl, 
770 F.3d 729
, 731 (8th Cir. 2014) (per curiam) (dismissing
bankruptcy litigant’s appeal for lack of standing).
                        ______________________________




      1
       The Honorable Charles E. Rendlen III, United States Bankruptcy Judge for the
Eastern District of Missouri.

                                        -2-

Source:  CourtListener

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