Cox

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ALVIN COX, Case No. 24-cv-03270-VC

Appellant,

ORDER AFFIRMING ORDER OF

v. THE BANKRUPTCY COURT

THE SUMMIT AT TURTLE RIDGE Re: Dkt. No.

COMMUNITY ASSOCIATION,

Appellee.

The order of the bankruptcy court granting the motion to quash is affirmed. The bankruptcy court did not abuse its discretion in concluding that Cox has not shown good cause for the discovery he seeks. Because the trustee has sold the state court litigation to Cox, discovery about the foreclosure sale no longer serves any bankruptcy-related purpose. Cox asserts that the discovery could reveal additional estate assets or additional claims that the estate might have against Turtle Ridge—which, he argues, he would have standing to bring as the estate’s largest creditor. It’s not clear that he would have standing to bring any claims on the estate’s behalf: the case he relies on for this point, In re Lahijani, held that a creditor had standing to bring a claim on behalf of an estate based on a provision of the Bankruptcy Code that allows a creditor to sue (with the court’s permission) to recover…