News & Analysis as of

Trustees Real Party in Interest

Lathrop GPM

South Dakota Supreme Court Limits Ability of Trust Beneficiaries to Sue on Behalf of Trust

Lathrop GPM on

In a recent opinion, the South Dakota Supreme Court held that trust beneficiaries lacked standing to bring claims against a third party on behalf of the trust. In so holding, the court explained that trustees typically are...more

Womble Bond Dickinson

Whose Claim is it Anyway?

Womble Bond Dickinson on

Who is the real holder of a FCRA claim brought by a Chapter 7 debtor? That’s the question that confronted the Eastern District of Wisconsin recently in Kitchner v. Fiergola, 2018 WL 4473359 (E.D. Wis. Sept. 18, 2018). ...more

Holland & Knight LLP

Citizenship of Aircraft Owner Trustee Establishes Federal Court Diversity Jurisdiction

Holland & Knight LLP on

The Southern District of New York has confirmed that when the trustee of a non-citizen aircraft trust brings suit in its own name, the citizenship of that trustee may be used to establish diversity jurisdiction in federal...more

Polsinelli

Beneficiaries Lack Standing to Challenge Trustee's Actions in Bankruptcy Court

Polsinelli on

In a recent ruling on In re Land Securities Investors, Ltd., the United States Bankruptcy Court for the District of Colorado ruled that trust beneficiaries do not have standing to appear in a bankruptcy case even when the...more

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