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United States Bankruptcy Appellate Panel for the Eighth Circuit _ Submitted: December 1, 2015 Filed: December 14, 2015 [Unpublished] _ Before SMITH, BYE, and SHEPHERD, Circuit Judges.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
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United States Bankruptcy Appellate Panel for the Eighth Circuit _ Submitted: December 1, 2015 Filed: December 14, 2015 [Unpublished] _ Before SMITH, BYE, and SHEPHERD, Circuit Judges.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 th..
More
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[Unpublished]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-