Ehrenberg

Ehrenberg v. Kavoussi

Good Law
308 F. App'x 51
United States Court of Appeals for the Ninth CircuitJanuary 6, 2009No. 07-56688California397 words

Opinion

Lead Opinion

MEMORANDUM **

Key Kavoussi, et al., defendants in a bankruptcy court adversary proceeding, *52 appeal from an order of the district court affirming bankruptcy court orders and judgments holding them liable for the value of assets found to have been fraudulently transferred to them by the debtors. We affirm, adopting the reasoning of the district court’s order relating to those issues raised here on appeal. The discussion below elaborates only on certain arguments on appeal that were not already addressed by the district court. (The Trustee did not appeal the district court’s order, so we do not consider the portion of that order which discussed the issue appealed by the Trustee from the bankruptcy court.)

The argument that the Trustee lacked standing to prosecute the claim amounts to no more than a quibble over form and does not justify dismissal of the claim or reversal of the judgment. The Trustee had standing under 11 U.S.C. § 544 to prosecute a fraudulent transfer claim. Whether an amendment was filed to revise the complaint to cite that statute or to assert the claim in the name of the Trustee does not alter the reality that the case was prosecuted as if the complaint had…

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