Vogelei

MEMORANDUM **

Appellant George Mac Vogelei filed for bankruptcy in the United States Bankruptcy Court for the Northern District of California, and the Estate of Centennial Communications, Inc. (“Estate”), filed a *7 complaint to recover a debt owed to it by Vogelei. The bankruptcy court held that Vogelei’s debt to the Estate was non-dis-chargeable in bankruptcy. Vogelei appealed the judgment to a panel of this court, arguing that the Estate was not the proper legal representative of Centennial Communications, Inc., and therefore the district court had no subject matter jurisdiction under the Bankruptcy Code. A panel of this court issued an order remanding the case and directing the bankruptcy court to establish in the record whether there was in fact a duly appointed legal representative of the Estate, and substitute and amend its judgment if necessary.

On remand, the bankruptcy court found that there was a duly appointed legal representative of the Estate. It substituted and amended its judgment, naming Russell E. Vigil as the proper party, in accordance with this court’s order. Vogelei now appeals, arguing that the failure of the Estate to bring suit in the name of the duly…