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PLAINTIFFS STEPHEN AND CATHEY GOODMAN'S MOTION TO SUBSTITUTE BANKRUPTCY TRUSTEE AS PARTY IN INTEREST AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

PHILIP M. PRO, District Judge.

COME NOW two of the Plaintiffs, Stephen and Cathey Goodman, and move this Honorable Court for entry of an Order substituting the trustee in their Chapter 7 bankruptcy proceeding in the United States Bankruptcy Court for the District of Arizona, No. 2-09-bk-21580-SSC, S. William Manera, as a plaintiff in this proceeding, as any proceeds realized in this proceeding will inure to the benefit of the Goodmans' bankruptcy estate. Mr. Manera has retained Plaintiffs' counsel listed below to represent the interest of the Goodman bankruptcy estate in this proceeding.

WHEREFORE, premises considered, Stephen and Cathey Goodman pray this Honorable Court will enter an Order substituting the trustee, S. William Manera, as a plaintiff in this matter. Stephen and Cathey Goodman seek such other further and different relief that the Court deems appropriate, premises considered. Oral argument is not requested.

MEMORANDUM OF POINTS AND AUTHORITIES

Stephen and Cathey Goodman filed a Chapter 7 bankruptcy proceeding in the United States Bankruptcy Court for the District of Arizona, No. 2-09-bk-21580-SSC. S. William Manera is the trustee in bankruptcy. Mr. Manera has retained the undersigned as counsel to represent the bankruptcy estate's interest in this action, with approval of the United States Bankruptcy Court for the District of Arizona by Order dated September 2, 2011.

"The interests of the debtor [in bankruptcy] in property include causes of action." In re Van Dresser Corp., 128 F.3d 945, 948 (6th Cir. 1997). The trustee becomes the representative of the estate, 11 U.S.C. § 323(a), responsible for "collect[ing] and reduc[ing] to money the property of the estate," 11 U.S.C. § 704(a)(1). The trustee has the capacity to sue. 11 U.S.C. § 323(b). A debtor in a Chapter 7 bankruptcy imparts upon the trustee the exclusive right to assert the debtor's claims, Van Dresser, 128 F.3d at 948, thereby rendering the trustee the only real party in interest under Fed. R. Civ. P. 17(a) if the trustee elects to pursue the claim. Maerki v. Wilson, No. 93-3857, 1995 WL 242004, at * 2 (6th Cir. Apr. 25, 1995); In re Bard, 49 F. App'x 528, 529 (6th Cir. 2002).

WHEREFORE, premises considered, Stephen and Cathey Goodman pray this Honorable Court will enter an Order substituting the trustee, S. William Manera, as a plaintiff in this matter. Stephen and Cathey Goodman seek such other further and different relief that the Court deems appropriate, premises considered.

IT IS SO ORDERED.