Laguens v. Briggs

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re
TERENCE and SHEILA BRIGGS, 	No. 11-10821
Debtor(s).
______________________________________/
RICHARD LAGUENS, Trustee
Plaintiff(s),
v. 	A.P. No. 11-1154
TERENCE BRIGGS,
Defendant(s).
_______________________________________/
Memorandum on Motion for Reconsideration
_________________
The court is not persuaded by the state cases and unreported cases cited by plaintiff. A trust
can appear in federal court only by a lawyer. 28 U.S.C. § 1654; Knoeffler v. United Bank of
Bismarck, 20 F.3d 347, 348 (8th Cir. 1994); Alpha Land Title Company v. Little, 238 F.R.D. 497, 502
(E.D.Cal. 2006). 	The fact that the trustee is the only beneficiary changes nothing; a trust is not an
individual and only individuals can appear without a lawyer in federal court. To rule otherwise would
mean that a corporation could be represented by its sole shareholder, and that is not the law. Lowerv v.
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Entered on Docket
January 26, 2012
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 11-01154 Doc# 35 Filed: 01/26/12 Entered: 01/26/12 16:26:24 Page 1 of 2

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Hoffman, 188 F.R.D. 651 (MD Ala. 1999).
Plaintiff’s motion for reconsideration will accordingly be denied. He may submit an order to
that effect if he desires it.
Dated: January 26, 2012
SAlan Jaroslovsky
U.S. Bankruptcy Judge
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Case: 11-01154 Doc# 35 Filed: 01/26/12 Entered: 01/26/12 16:26:24 Page 2 of 2