IN RE MUNOZ

Nos. 88-K-440, 88-K-528, Bankruptcy Nos. 86 B 5227 J, 87 E 667.

111 B.R. 928 (1990)

In re Raul MUNOZ and Carmen Munoz, Debtors. Paula LARSEN, Plaintiff/Appellant, v. Raul MUNOZ and Carmen Munoz, Defendants/Appellees.

United States District Court, D. Colorado.

March 8, 1990.


Attorney(s) appearing for the Case

Robert K. Reimann, Golden, Colo., Robert M. Fitzgerald, Denver, Colo., for Paula Larsen.

Matthew D. Skeen, Skeen & Pearlman, Denver, Colo., for Raul Munoz and Carmen Munoz.


MEMORANDUM OPINION AND ORDER

KANE, Senior District Judge.

The issue in this consolidated bankruptcy appeal is whether a creditor of the estate, Paula Larsen, has standing to bring a § 544(b) fraudulent conveyance action against the debtor, Raul Munoz. The bankruptcy court, in two separate orders, concluded that Larsen lacked standing to bring a fraudulent conveyance action because that right belongs only to the trustee under § 544(b) and Larsen...

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