Coleman v. National Community Reinvestment Coalition

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
ELLIOTTE PATRICK COLEMAN,
Debtor.
____________________________
ELLIOTTE PATRICK COLEMAN,
Plaintiff,
v.
NATIONAL COMMUNITY
REINVESTMENT COALITION,
Defendant.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. 06-00254
(Chapter 13)
Adversary Proceeding No.
07-10023
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION RE MOTION TO DISMISS
The defendant has filed a motion to dismiss for lack of
standing, contending that only the chapter 13 trustee is
authorized to sue on estate causes of action, and citing Pacific
Mortg. and Inv. Group, Ltd. v. Horn, 100 Md.App. 311, 641 A.2d
913 (1994), as supporting this contention. 	However, the point
was academic dicta in Pacific Mortgage. 	The court held that the
cause of action at issue had been abandoned from the bankruptcy
estate before the defendant’s motion to dismiss was addressed,
The decision below is signed as a decision of
the court.
Signed: November 15, 2007.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 07-10023 Doc 21 Filed 11/16/07 Entered 11/16/07 14:54:26 Desc Main
Document Page 1 of 2

2	O:\Judge Temp Docs\Coleman vs National Community Reinvest't Coalition - Decsn re MTD.wpd
and that the debtor Horn’s premature filing of her complaint, if
she lacked standing initially to pursue the action, was no bar to
her continuation of her action once abandonment occurred.
In any event, Pacific Mortgage erroneously relied on cases
decided under chapter 7 of the Bankruptcy Code (or decided under
the Bankruptcy Act) in assuming that a debtor in a case under
chapter 13 of the Bankruptcy Code lacks standing to pursue a
cause of action that is property of the estate. 	It is now well
settled that a debtor in a case under chapter 13 of the
Bankruptcy Code is authorized to sue on a cause of action that
has become property of the estate. 	See Cable v. Ivy Tech State
Coll., 200 F.3d 467 (7th Cir. 1999); Olick v. Parker & Parsley
Petroleum Co., 145 F.3d 513 (2d Cir. 1998).
An order follows denying the motion to dismiss.
[Signed and dated above.]
Copies to: All counsel of record; Cynthia A. Niklas, Chapter 13
Trustee; Office of U.S. Trustee.
Case 07-10023 Doc 21 Filed 11/16/07 Entered 11/16/07 14:54:26 Desc Main
Document Page 2 of 2