Yagman v. Kittay (In re Yagman)
- Summarized by David Banker , Montgomery, McCracken, Walker & Rhoads, LLP
- 6 years 6 months ago
- Case Type:
- Case Status:
- United States Court of Appeals for the Second Circuit; Case No. 16-57 (2nd Circuit, Dec 01,2016) Not Published
- RULING BY SUMMARY ORDER (DOES NOT HAVE PRECEDENTIAL EFFECT). United States Court of Appeals for the Second Circuit held that the district court properly dismissed a Chapter 7 debtors' appeal for lack of subject matter jurisdiction. The Chapter 7 debtor did not have standing to appeal from a bankruptcy court ruling (approving a settlement related to the objection to certain creditors' claims), as an appellant must be an "aggrieved person," namely, a person ‘directly and adversely affected pecuniarily’ by the challenged order of the bankruptcy court.
- Procedural context:
- Appeal by pro se Chapter 7 debtor from the United States District Court for the Southern District of New York's order
dismissing, for lack of standing, his appeal from a bankruptcy court order that overruled his objections and directed the trustee to distribute the bankruptcy estate.
- The summary order did not set forth the factual background.
- DENNIS JACOBS, ROSEMARY S. POOLER, Circuit Judges, and GEOFFREY W. CRAWFORD, District Judge (sitting by designation)
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