Opinion
Case No. 16-00593
03-27-2017
In re ROBERT A. ROSSI, JR., Debtor.
(Chapter 7)
Not for publication in West's Bankruptcy Reporter.
MEMORANDUM DECISION AND ORDER DENYING MOTION TO PURSUE FRAUDULENT CONVEYANCE CLAIMS ON BEHALF OF THE ESTATE FILED BY WEBBER COMMERCIAL PROPERTIES, LLC
The Motion to Pursue Fraudulent Conveyance Claims on Behalf of the Estate Filed by Webber Commercial Properties, LLC (Dkt. No. 31) fails to allege that the trustee has refused to pursue the fraudulent conveyance claims that are the subject of the Motion. The power to pursue a fraudulent conveyance claim is vested in the trustee under 11 U.S.C. §§ 544(b) and 548. Even in those courts that may authorize a creditor to pursue a fraudulent conveyance claim, such authorization is denied unless the trustee has refused to pursue the claim. There is no suggestion in the record that the trustee is refusing to pursue any fraudulent conveyance claim that is worth pursuing. (This case has been pending less than five months, and the trustee has employed an attorney to represent the trustee.) It is thus
ORDERED that the Motion to Pursue Fraudulent Conveyance Claims on Behalf of the Estate Filed by Webber Commercial Properties, LLC (Dkt. No. 31) is DENIED. Signed: March 27, 2017
/s/_________
S. Martin Teel, Jr.
United States Bankruptcy Judge
[Signed and dated above.] Copies to: Recipients of e-notification of orders.