Silva v. Group Practice

*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR. R.
47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
March 2, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-51082
Summary Calendar
SERGIO SILVA, M.D.,
Plaintiff-Appellant,
versus
Group Practice Affiliates,
Defendant-Appellee.
Appeal from the United States District Court for
the Western District of Texas
(USDC No. 1:04-CV-171)
_______________________________________________________
Before REAVLEY, JOLLY, HIGGINBOTHAM, Circuit Judges.
PER CURIAM:*
The district court correctly dismissed the case because the plaintiff’s claims
against the defendants are the property of the bankruptcy estate and the plaintiff does not
have standing. 11 U.S.C. § 541(a)(1). Further, the district court did not abuse its

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discretion in not allowing additional time to obtain ratification, joinder, or substitution of
the bankruptcy trustee because the plaintiff’s pursuit of the claims in his own name was
not the result of an understandable mistake. See Weiburg v. GTE Southwest, Inc., 272
F.3d 302, 308 (5th Cir. 2001). Silva was informed several times that his claims against
the defendants were the property of the bankruptcy estate. Instead of attempting to
correct the mistake, Silva filed a motion for a temporary restraining order in an attempt to
prohibit the bankruptcy trustee from entering the case. AFFIRMED.

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