CLICK HERE FOR FULL TEXT
In re: EARL BENARD BLASINGAME; MARGARET GOOCH BLASINGAME,
Debtors.
___________________________________________

CHURCH JOINT VENTURE, L.P.,
Plaintiff-Appellant,
v.
EARL BENARD BLASINGAME; MARGARET GOOCH BLASINGAME; THE BLASINGAME FAMILY BUSINESS INVESTMENT TRUST,
Defendants-Appellees.
   No. 17-8029
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.


_________________________
OPINION
_________________________

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.