ADAR 980 Realty, LLC v. Avraham Sofer (In re Avraham Sofer)

Citation:
No. 14-3464-bk (Summary Order) (2d Cir. Sept. 1, 2015)
Tag(s):
Ruling:
Appellant lacked prudential standing because it failed to demonstrate a sufficient particularized injury. "The prudential standing rule normally bars litigants from asserting the rights or legal interests of others in order to obtain relief from injury to themselves."
Procedural context:
Affirming decision of the U.S. District Court from the E.D.N.Y. that, inter alia, affirmed the bankruptcy court's orders (I) dismissing Appellant's adversary proceeding seeking contempt and (ii) declining to consider Appellant's motion to convert.
Facts:
Appellant leased a parking lot to a corporation and individual, both of whom filed for chapter 7. The chapter 7 trustees were granted an order to operate the parking lot, and later filed contempt proceedings against the debtors alleging they continued to operate the parking lot, collect income and denied the trustees and their agents access to the parking lot; and the bankruptcy court issued the requested injunction. Appellant, acting on its own behalf and not as the trustees' agent, filed its own motion for contempt based on the debtors' violations of the automatic stay and injunction.
Judge(s):
Calabresi, Straub, Pooler.

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