IN RE BALTIMORE EMERGENCY SERVICES II

No. 05-1104.

432 F.3d 557 (2005)

In re BALTIMORE EMERGENCY SERVICES II, CORPORATION, Debtor. Steven M. Scott, Appellant, v. National Century Financial Enterprises, Incorporated; PAPPG Grantor Trust, Creditors-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 20, 2005.


Attorney(s) appearing for the Case

ARGUED: Mack Sperling, Brooks, Pierce, McLendon, Humphrey & Leonard, Greensboro, North Carolina, for Appellant. Richard Marc Goldberg, Shapiro, Sher, Guinot & Sandler, Baltimore, Maryland, for Appellees. ON BRIEF: Scott Baena, Jay M. Sakalo, Bilzen, Sumberg, Baena, Price & Axelrod, L.L.P., Miami, Florida; Matthew G. Summers, Miles & Stockbridge, P.C., Baltimore, Maryland, for Appellant. Joel I. Sher, Kimberly M. Stoker, Shapiro, Sher, Guinot & Sandler, Baltimore, Maryland; David S. Cohen, Milbank, Tweed, Hadley & McCloy, L.L.P., Washington, D.C., for Appellee The PAPPG Grantor Trust.

Before WILKINS, Chief Judge, and WILKINSON and GREGORY, Circuit Judges.


Reversed and remanded with instructions by published opinion. Judge WILKINSON wrote the opinion, in which Chief Judge WILKINS and Judge GREGORY joined.

WILKINSON, Circuit Judge.

This case concerns the standing of creditors to file an adversary action in bankruptcy court asserting the interests of the estate. Plaintiffs, a secured creditor and a committee of unsecured creditors, sued a former insider of several debtor corporations to prevent his interfering...

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