United States ex rel. Wulff v. CMA, Inc.

Holding that "Rule 17 does apply where a party, knowing that it has no cause of action, brings a lawsuit to toll the limitations period while it attempts to obtain an assignment from the real party in interest

Saline State Bank v. Mahloch

Holding that "only the trustee or debtor in possession can invoke the avoidance powers . . . ."

Crowder v. Gordons Transports, Inc.

In Crowder the Eighth Circuit applied Erie principles and determined that the district court's application of state "relation-back" principles was improper because the specific provisions of Rule 15(c) governed this federal procedural question.

Nebraska State Bank v. Jones

Affirming dismissal of action based on creditor's lack of standing to invoke avoidance power

Matter of Fletcher

Holding strong arm powers of 11 U.S.C. § 544, including §§ 547 548, are not available to individual creditors

Bickford v. Ponce De Leon Care Center

Allowing a bankruptcy Trustee to replace the plaintiff in a Title VII suit, pursuant to a motion to substitute, because after filing for bankruptcy, the Trustee was the only party with standing to bring the suit

In re Jeter

Approving denial of constructive trust based on equality considerations as well as strong arm powers

In re Jeter

Imposing a constructive trust in favor of a creditor who is "speediest" or best able to afford the expense of litigation undermines the Bankruptcy Code's policy of pro rata distribution

In re Perkey

In re Dygert

Holding that "intervention will not be permitted to breathe life into a `nonexistent' lawsuit"

Section 157 - Procedures

Determining the validity, extent, or priority of liens

Section 1334 - Bankruptcy cases and proceedings

Granting "exclusive jurisdiction" to a federal court handling a bankruptcy case "of all the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate"

Section 362 - Automatic stay

Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place

Section 541 - Property of the estate

Defining the bankruptcy estate to include "all legal or equitable interests of the debtor in property as of the commencement of the [bankruptcy] case"

Rule 17 - Plaintiff and Defendant; Capacity; Public Officers

Providing that, for this type of entity, "[c]apacity to sue or be sued is determined . . . by the law of the state where the court is located"

Section 502 - Allowance of claims or interests

Recognizing that claims may be invalid “under [an] agreement or applicable law for a reason other than because such claim is contingent or unmatured” and authorizing a debtor's objection to a proof of claim on that basis

Section 544 - Trustee as lien creditor and as successor to certain creditors and purchasers

Granting to the bankruptcy trustee the power to "avoid any transfer of an interest of the debtor in property"

Section 548 - Fraudulent transfers and obligations

Seeking to avoid constructively fraudulent transfers

Section 1409 - Venue of proceedings arising under title 11 or arising in or related to cases under title 11

Concerning venue in Chapter 11 proceedings

Section 550 - Liability of transferee of avoided transfer

Identifying a transferee’s liability to a trustee for, among other things, fraudulent transfers