Legal Memorandum: Role and Capacity of a Trustee

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
Jurisdiction: Federal
Cited Cases: None
Cited Statutes: 11 U.S.C. Sec. 323(b)
Date: 11/01/2000

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.


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