Appeal from the United States Bankruptcy Court
for the Western District of Tennessee at Memphis.
No. 08-28289—Jennie D. Latta, Judge.
Argued: May 8, 2018
Decided and Filed: June 6, 2018
Before: HUMPHREY, OPPERMAN, and WISE, Bankruptcy Appellate Panel Judges.
TRACEY N. WISE, Bankruptcy Appellate Panel Judge. Creditor/Appellant Church Joint
Venture, L.P. (“Creditor”) filed a complaint in which it asserted derivative standing to pursue
claims on behalf of the Chapter 7 Trustee, Edward L. Montedonico, against Earl Benard
Blasingame and Margaret Gooch Blasingame (“Debtors”) and The Blasingame Family Business
Investment Trust (“BIT”) (together with Debtors, the “Defendants”). Defendants moved to
dismiss the complaint for lack of subject matter jurisdiction asserting Creditor lacked standing.
The bankruptcy court granted Defendants’ motion, finding that, because Trustee previously had
sold the claims to Creditor, Creditor could not thereafter pursue the claims derivatively on
Trustee’s behalf. Creditor appeals from the order dismissing the complaint. For the reasons
stated, we affirm.