Bostanian

I. Introduction

This matter is presently before this court on a motion to dismiss the appeal, which is not subject to the automatic stay (Shah v. Glendale Federal Bank (1996) 44 Cal.App.4th 1371,1374-1379 [ 52 Cal.Rptr.2d 417 ]), for lack of standing in light of a plaintiff’s bankruptcy filing. The question presented is whether a cause of action to set aside a foreclosure sale of the debtor’s residence is property of the bankruptcy estate which only the chapter 7 trustee can pursue. The motion is by Liberty Savings Bank, F.S.B., and Professional Foreclosure Corporation (defendants) in relation to an appeal by Stefan Bostanian and Salpi Bostanian (plaintiffs). We conclude plaintiffs have no standing to pursue this appeal. We grant plaintiffs 30 days from the date this opinion becomes final in which to secure an abandonment by the trustee of die cause of action in the bankruptcy court.

Plaintiffs, husband and wife, were the owners of a single family residence as community property. The property was subject to a deed of trust in favor of Liberty Savings Bank. On January 6, 1993, Mr. Bostanian filed a voluntary petition under chapter 11 of the United States Bankruptcy Code.…