In Re: Zarnel, No. 07-0090, involved an appeal from a district court’s order dismissing a bankruptcy trustee’s appeal for lack of standing and in the alternative affirming the bankruptcy court’s decision to strike the bankruptcy petitions filed by respondents rather than to dismiss their cases. The court vacated the order on the grounds that 1) the U.S. Trustee’s responsibility to represent and protect the public interest afforded it a substantial interest in, and therefore standing, to proceed with this appeal; 2) the court needed only assure itself that it was deciding a live case or controversy, and Article III jurisdiction existed; and 3) the restrictions of 11 U.S.C. sections 301 and 109(h) were not jurisdictional, but rather elements that must be established to sustain a voluntary bankruptcy proceeding.
Related Resources
- Full Text of In Re: Zarnel, No. 07-0090
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