Cunningham v. J.P. Morgan Chase Bank (In Re Cunningham)

MEMORANDUM

Chapter 7 debtor Mary Margaret Cunningham appeals pro se from the district court’s orders affirming the bankruptcy court’s orders dismissing Cunningham’s adversary proceeding without leave to amend and denying Cunningham’s motion for reconsideration. We have jurisdiction under 28 U.S.C. § 158 (d)(1). We review de novo a district court’s decision on appeal from a bankruptcy court, applying the same standard of review the district court applied to the bankruptcy court’s decision. In re Tucson Estates, Inc., 912 F.2d 1162 , 1166 (9th Cir. 1990). We affirm.

The bankruptcy court properly dismissed Cunningham’s adversary proceeding because Cunningham lacks standing to pursue claims that are property of the bankruptcy estate. See Canatella v. Towers (In re Alcala), 918 F.2d 99, 102 (9th Cir. 1990) (causes of action which accrued before a Chapter 7 petition is filed are part of the estate vested in the trustee); see also 11 U.S.C. § 554 (d) (“[P]roperty of the estate that is not abandoned under this section and that is not administered in the case remains property of the estate.”); Estate of Spirtos v. One San Bernardino Cty. Superior Court Case Numbered SPR 02211, 443 F.3d…