Cullen v. Bank One Corp.
This text of 117 F. App'x 618 (Cullen v. Bank One Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
MEMORANDUM
Michael Cullen appeals the district court’s dismissal with prejudice of his Truth-in-Lending-Act (TILA) claim against Bank One. Cullen alleges that the action violated the automatic stay of bankruptcy and that the bankruptcy filing deprived the district court of jurisdiction pursuant to local rules. Holding that Cullen lacked standing, we affirm the dismissal.
In the days before the district court was to rule on his amended complaint, Cullen filed for Chapter 7 bankruptcy protection. Upon the filing of his bankruptcy petition, Cullen’s pending lawsuit became estate property as a potential asset. Dunmore v. U.S. (In re Dunmore), 358 F.3d 1107 (9th Cir.2004). The debtor therefore lacked standing to continue as plaintiff. Turner v. Cook, 362 F.3d 1219, 1225-26 (9th Cir.2004).
Holding that Cullen lacked standing to appeal the district court’s ruling to this court, we dismiss the appeal.
DISMISSED.
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117 F. App'x 618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cullen-v-bank-one-corp-ca9-2004.