Chen v. Siemens Energy Inc.
- Summarized by Paul Avron , Berger Singerman LLP
- 12 years 7 months ago
- Citation:
- Chen v. Siemens Energy, Inc., Case No. 11-14372 (11th Cir. May 2, 2012) (per curiam)
- Tag(s):
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- Ruling:
- Unless abandoned by a Chapter 7 trustee, the debtor lacks standing to continue prosecuting a prepetition cause of action once he or she files a voluntary petition for relief under chapter 7 of the Bankruptcy Code. From and after the bankrutcy filing only the Chapter 7 trustee posseses standing to prosecute that cause of action.
- Procedural context:
- The matter before the Eleventh Circuit was an appeal of an order by the District Court dismissing a prepetition employment discrimination lawsuit filed by the appellant pursuant to 42 U.S.C. sec. 2000e-2(a) prior the date the appellant filed for relief under Chapter 7 of the Bankruptcy Code.
- Facts:
- Prior to filing a voluntary petition for relief under Chapter 7 of the Bankruptcy Code the Debtor filed an employment discrimination suit against her employer-Siemens Energy, Inc.-in the U.S. District Court. The District Judge dismissed the suit for lack of standing, reasoning that once the appellant filed bankruptcy the Chapter 7 trustee was the only party with standing to prosecute the employment discimination claim. The debtor appealed the dismissal to the Eleventh Circuit.
- Judge(s):
- Dubina, Chief Judge, and Jordan and Anderson, Circuit Judges
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