Issue: Under federal law, does a bankruptcy trustee have standing to bring an action for slander of title?
|Area of Law:||Bankruptcy & Creditors Rights|
|Keywords:||Capacity of a trustee; An action for slander of title|
|Cited Statutes:||11 U.S.C. Sec. 323(b)|
The Bankruptcy Code provides that the trustee has the capacity to sue and be sued. 11 U.S.C. Sec. 323(b). A right of action not yet in suit passes to the trustee. 7 Collier on Bankruptcy Sec. 704.03.