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Artesanias v. North Mill Capital

3rd Circuit

August 4, 2020

In this bankruptcy case, the 3rd Circuit clarified that Bankruptcy Code standing is not constitutional standing (thus, not jurisdictional), and that Chapter 7 trustess can relinquish the statutory authority to pursue a claim back to a creditor. The Court then held that the creditor plaintiff had both the constitutional standing as well as the statutory authority to sue two defendants, who allegedly plundered a now-bankrupt company, which owed the creditor money. 

Scroll down to read the court's full opinion
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