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ESTATE OF SPIRTOS v. SUPERIOR COURT CASE

No. 03-56405.

443 F.3d 1172 (2006)

ESTATE OF Thelma V. SPIRTOS; Thelma V. Spirtos; Michelle Spirtos, Plaintiffs-Appellants, v. ONE SAN BERNARDINO COUNTY SUPERIOR COURT CASE NUMBERED SPR 02211, Defendant, and Estate of Basil Spirtos, Deceased (Nicholas B. Spirtos as estate representative); Bryan Hartnell; Hartnell, Horspool & Fox LLP; Nicholas B. Spirtos as an individual; Estate of Michael N. Spirtos (Maria Monokondilos Spirtos as representative); David L. Ray; Saltzburg, Ray and Bergman LLP, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 12, 2006.

Attorney(s) appearing for the Case

Jon Eardley, Law Offices of Jon Eardley, Whittier, CA, for the appellant.

Michael Thomas, Thomas, Donahue, Thomas & Hurevitz, LLP, Glendale, CA, for defendant-appellee Estate of Michael N. Spirtos (Maria Monokondilos Spirtos as representative).

Edith R. Matthai and Rebecca D. Lizarraga, Robie & Matthai, Los Angeles, CA, for defendants-appellees David L. Ray and Saltzburg, Ray and Bergman LLP.

Before PREGERSON, W. FLETCHER, and BYBEE, Circuit Judges.

BYBEE, Circuit Judge.

In this case, we are faced with the question of whether a creditor of a bankruptcy estate has standing to bring a claim on behalf of the estate. We hold that 11 U.S.C. § 323 vests the bankruptcy trustee with the exclusive right to sue on behalf of the bankruptcy estate.

I. FACTS AND PROCEDURAL HISTORY

Basil and Thelma Spirtos were married in 1954. They had six children together...

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