Prince v. Chow (In the Matter of Prince)

Summarized by Peter Ruggero , Ruggero Law Firm PC
12 years 2 months ago

Citation:

Case No. 13-40130 (5th Circ. Dec 12, 2013)

Tag(s):

Ruling:

Affirmed dismissal for lack of standing. Individual chapter 7 debtor lacked standing to appeal fraudulent transfer judgment because the judgment was not against debtor in his individual capacity.

Procedural context:

Bankruptcy Court entered final judgment in adversary proceeding avoiding certain transfers. Individual debtor appealed to District Court. District Court dismissed because lack of standing. Court of Appeals affirmed District Court's dismissal.

Facts:

Clovis L. Prince, individually, Crown Project Management, Inc., and C. Prince & Associates Consulting, Inc. filed petitions for relief under Chapter 7 of the Bankruptcy Code. Michelle Chow was appointed as Chapter 7 Trustee over the estates. Chow sued Clovis L. Prince and Katherine M. Robinson as Trustees of the Clovis L. Prince Katherine M. Robinson and Tamika D. Prince Trust (the "Trust"), Katherine M. Robinson, individually, and P&A Real Estate, Inc. Chow did not sue Clovis L. Prince in his individual capacity. Chow sought to set aside transfers of real property alleged as fraudulent conveyances. Chow won. The Bankruptcy Court entered judgment in favor of Chow. Clovis L. Prince, in his individual capacity, not Trustee capacity, appealed. Clovis L. Prince, however, in his individual capacity, was not a defendant in the lawsuit. District Court and Court of Appeals held Clovis L. Prince, as an individual only (not Trustee of the Trust), was not a "person aggrieved" by the judgment notwithstanding that Clovis L. Prince was a Chapter 7 Debtor.

Judge(s):

Stewat, Jolly, and Southwick

ABI Membership is required to access the full summary. Please Sign In using your ABI Member credentials. Not a Member yet? Join ABI now - it is absolutely worth it!