El Monte Bankruptcy Attorney

Bankruptcy | Case Law | Rule 17

RULE 17

In re Hashim, 379 B.R. 912, 914 (9th Cir. BAP 2007)

“If a court does not authorize a creditor under 11 U.S.C. § 503(b)(3) to recover, for the

benefit of the estate, property that was transferred or concealed by the debtor, the Federal Rules of

Civil Procedure 17(a) and 19(a) require that the court realign as plaintiff a bankruptcy trustee who

is a defendant.”

In re Capobianco, 248 B.R. 833 (9th Cir. B.A.P. 2000)

Court properly allowed plaintiff to substitute as the real party in interest under FRCP 17(a)

a sole proprietorship for a corporate entity as plaintiff in a dischargeability action, where debt was

owed to sole proprietor, which was subsequently incorporated.