Filed: Aug. 07, 2015
Latest Update: Aug. 07, 2015
Summary: DECISION AND ORDER OVERRULING OBJECTION ROBERT E. GRANT , Bankruptcy Judge . The trustee in this chapter 7 case has filed a motion for turnover, asking that the debtor be directed to turnover to him any "payments [received] on the judgment against her ex-husband, Dennis Long" and a list of the property awarded to her in the divorce. Mr. Long has filed a pro se objection to the motion. 1 Mr. Long is not the debtor or the one to whom the motion is directed. Neither does he appear to be a
Summary: DECISION AND ORDER OVERRULING OBJECTION ROBERT E. GRANT , Bankruptcy Judge . The trustee in this chapter 7 case has filed a motion for turnover, asking that the debtor be directed to turnover to him any "payments [received] on the judgment against her ex-husband, Dennis Long" and a list of the property awarded to her in the divorce. Mr. Long has filed a pro se objection to the motion. 1 Mr. Long is not the debtor or the one to whom the motion is directed. Neither does he appear to be a c..
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DECISION AND ORDER OVERRULING OBJECTION
ROBERT E. GRANT, Bankruptcy Judge.
The trustee in this chapter 7 case has filed a motion for turnover, asking that the debtor be directed to turnover to him any "payments [received] on the judgment against her ex-husband, Dennis Long" and a list of the property awarded to her in the divorce. Mr. Long has filed a pro se objection to the motion.1
Mr. Long is not the debtor or the one to whom the motion is directed. Neither does he appear to be a creditor in this case. As such, he lacks standing to object to the motion.
"Limits on standing are vital in bankruptcy, where clouds of persons indirectly affected by the acts and entitlements of others may buzz about, delaying final resolution of cases." Matter of Diest Forest Products, Inc., 850 F.2d 340, 341 (7th Cir. 1988). Strict rules, that narrowly define the scope of those who have standing to participate in the proceeding, promote the swift and efficient administration of the estate and avoid the needless multiplication of litigation. Matter of Richman, 104 F.3d 654, 656-57 (4th Cir. 1997). See also In re Cult Awareness Network, Inc., 151 F.3d 605, 609 (7th Cir. 1998); Matter of DuPage Boiler Works, Inc., 965 F.2d 296, 297 (7th Cir. 1992). Standing to object to a proposed course of action in a bankruptcy case requires a party to have a pecuniary interest which will be directly and adversely affected by the order the court is asked to issue. See Depoister v. Mary M. Holloway Foundation, 36 F.3d 582, 585 (7th Cir. 1994); Matter of Andreuccetti, 975 F.2d 413, 416 (7th Cir. 1992). Simply being a party to a bankruptcy case (or aware of it) is not enough to give one standing to participate in every aspect of the proceeding or to seek relief on every issue that might arise. Matter of James Wilson Associates0, 965 F.2d 160, 168 (7th Cir. 1992); In re Southwest Equipment Rental, 152 B.R. 207, 209 (Bankr. E.D. Tenn. 1992).
Mr. Long is not a party to this case: he is not the debtor and he is not a creditor. Neither does he have any pecuniary interest which will be directly and adversely affected by the order the court is asked to issue. That order would be directed only to the debtor; so only the debtor would have standing to object to a motion requiring the debtor to turn property over to the trustee.
Dennis Long's objection to the trustee's motion to turnover is OVERRULED.
SO ORDERED.
