A person lacks standing to appeal an order in a federal receivership unless they are a person aggrieved with a direct financial stake in the order.
In a receivership action, a federal receiver moves to abandon the estate's fraudulent conveyance claim against a defendant, who appeals the district court's order permitting the abandonment. The question presented is whether the defendant has standing to appeal. The court applies the person aggrieved doctrine, which limits standing to persons with a direct financial stake in the order. The court holds that the defendant lacks standing because the order does not diminish its property, increase its burdens, or impair its rights, and the potential for future litigation is too remote to confer standing. The court dismisses the appeal.
At page 882 Determining if appellants are persons aggrieved52 citing cases“this principle, also known as the 'person aggrieved' doctrine, limits standing to persons with a financial stake in the bankruptcy court's order.”
- Johnson, No. 2:25-cv-11756 (E.D. Mich. July 24, 2026).Grp., Inc., 77 F.3d 880, 882 (6th Cir. 1996)).
- Pollack, No. 2:25-cv-11937 (E.D. Mich. Jan. 20, 2026).Grp., Inc., 77 F.3d 880, 882 (6th Cir. 1996).
- Baum, No. 2:23-cv-11140 (E.D. Mich. Sept. 18, 2025). Grp., Inc., 77 F.3d 880, 882 (6th Cir.1996) (citations omitted).
- In re Human Hous. Henrietta Hyatt, LLC, No. 24-8003 (6th Cir. Jan. 21, 2025).publishedGroup, Inc., 77 F.3d 880, 882 (6th Cir. 1996)).6 Determining whether an appellant is a person aggrieved is a question of fact for the district court, or as applicable, the bankruptcy appellate panel.
- Constr. Loan Servs. Ii, LLC, V. Ecm Riverside LLC, 554 P.3d 1252 (Wash. Ct. App. 2024).published(stating “given that a primary purpose of both receivership and bankruptcy proceedings is to promote the efficient and orderly administration of estates for the benefit of creditors, we find it appropriate and helpful to…)
- Litton Loan Servicing, L.P. v. Schubert, No. 19-01088 (Bankr. N.D. Ohio Mar. 28, 2023).unpublishedGrp., Inc., 77 F.3d 880, 882 (6th Cir. 1996); Gen.
- Litton Loan Servicing, L.P. v. Dennis Schubert, No. 21-3983, 2023 WL 2663257 (6th Cir. Mar. 28, 2023).unpublishedGrp., Inc., 77 F.3d 880, 882 (6th Cir. 1996); Gen.
- Harang v. Bedwell, No. 2:21-cv-02387 (W.D. Tenn. Oct. 7, 2022).Grp., Inc., 77 F.3d 880, 882 (6th Cir. 1996)).
- Jacob Levitt v. Jill R. Jacoway, No. 21-6004 (B.A.P. 8th Cir. Nov. 18, 2021).publishedGrp., 77 F.3d 880, 882 (6th Cir. 1996).
- Joao Teixeira v. Andrew Vara, No. 20-3470 (6th Cir. Mar. 15, 2021).unpublishedGrp., Inc., 77 F.3d 880, 882 (6th Cir. 1996)).
Show 38 more citing cases
- Ryan Turner Investments, LLC v. Jackson Durham Floral-Event Design LLC, No. 3:20-cv-00400 (M.D. Tenn. Feb. 16, 2021).Group, Inc., 77 F.3d 880, 882 (6th Cir. 1996)).
- Teixeira v. McDermott, No. 1:19-cv-00866 (N.D. Ohio Mar. 31, 2020).Group, Inc., 77 F.3d 880, 882 (6th Cir.1996).
- Pasley v. Keats (In re Pasley), 603 B.R. 6 (B.A.P. 6th Cir. 2019).publishedGroup, Inc., 77 F.3d 880, 882 (6th Cir. 1996)). “[A] party may only appeal a bankruptcy court order when it diminishes their property, increases their burdens or impairs their rights.” Id. (quoting Fidelity Bank at 882).
- Simon v. Miller (In re Miller Parking Co.), 536 B.R. 197 (E.D. Mich. 2015).publishedGroup, Inc., 77 F.3d 880, 882 (6th Cir.1996)).
- In re Aubrey Wring v., No. 14-8049 (6th Cir. June 22, 2015).unpublishedGrp., Inc., 77 F.3d 880, 882 (6th Cir. 1996) (citations omitted).
- Ronald Alan Brown v., No. 13-8037 (B.A.P. 6th Cir. Mar. 17, 2014).unpublishedGroup, Inc., 77 F.3d 880, 882 (6th Cir. 1996).
- Edward Crowell v. State Pub. Def. v. Iowa Dist. Court for Linn Cnty., 845 N.W.2d 676 (Iowa 2014).publishedGrp., Inc., 77 F.3d 880, 882 (6th Cir.1996), and an order directing law firms to limit compensation to nonparties contrary to private agreements, see Dietrich Corp. v. King Res.
- Meridian Venture v., No. 19-5319 (B.A.P. 6th Cir. Dec. 11, 2013).unpublishedGroup, Inc., 77 F.3d 880, 882 (6th Cir. 1996).
- Rafia Khan v. Regions Bank, 544 F. App'x 617 (6th Cir. 2013).unpublishedGrp., Inc., 77 F.3d 880, 882 (6th Cir.1996) (emphasis added)).
- Robert A. Sears v. Joseph H. Badami, 734 F.3d 810 (8th Cir. 2013).publishedGrp., Inc., 77 F.3d 880, 882 (6th Cir.1996)) (internal quotation marks omitted); see In re Zahn, 526 F.3d 1140, 1142 (8th Cir.2008).
- John W. Bendall, Jr. v. Lancer Mgmt. Grp., LLC, 523 F. App'x 554 (11th Cir. 2013).unpublished(finding it “appropriate and helpful to refer to the rules governing appellate standing in bankruptcy proceedings” when no case law existed regarding the rules in a receivership action)
- Lunan v. Jones, 523 F. App'x 339 (6th Cir. 2013).unpublishedGrp., Inc., 77 F.3d 880, 882 (6th Cir.1996) (emphasis added).
- In re Cecil Miller v., No. 12-8004 (B.A.P. 6th Cir. Dec. 27, 2012).unpublishedGroup, Inc., 77 F.3d 880, 882 (6th Cir. 1996).
- Simon v. Amir (In re Amir), 436 B.R. 1 (B.A.P. 6th Cir. 2010).publishedGroup, Inc., 77 F.3d 880, 882 (6th Cir.1996) (citations omitted).
- In re Louis D. Amir v., No. 09-8002 (B.A.P. 6th Cir. Aug. 5, 2010).publishedGroup, Inc., 77 F.3d 880, 882 (6th Cir. 1996) (citations omitted).
- Baud v. Carroll, 415 B.R. 291 (E.D. Mich. 2009).publishedGroup, Inc., 77 F.3d 880, 882 (6th Cir.1996)).
- W. Stark v. Robert Moran, 566 F.3d 676 (6th Cir. 2009).publishedGroup, Inc., 77 F.3d 880, 882 (6th Cir.1996).
- Moran v. LTV Steel Co, No. 06-4580 (6th Cir. Mar. 23, 2009).published Group, Inc., 77 F.3d 880, 882 (6th Cir. 1996).
- Moran v. LTV Steel Co. (In re LTV Steel Co.), 560 F.3d 449 (6th Cir. 2009).published Bank, 77 F.3d at 882.
- Hyundai Translead v. Jackson Truck, No. 07-5891 (6th Cir. Feb. 6, 2009).published Group, Inc., 77 F.3d 880, 882 (6th Cir. 1996), we applied the doctrine to the question of whether the appellants had standing to appeal a district court’s order in a federal receivership action.
- Hyundai Translead, Inc. v. Jackson Truck & Trailer Repair, Inc. (In re Trailer Source, Inc.), 555 F.3d 231 (6th Cir. 2009).published Group, Inc., 77 F.3d 880, 882 (6th Cir.1996), we applied the doctrine to the question of whether the appellants had standing to appeal a district court's order in a federal receivership action.
- In re Robert Moran v., No. 07-8035 (B.A.P. 6th Cir. Apr. 18, 2008).unpublishedGroup, Inc., 77 F.3d 880, 882 (6th Cir. 1996). . . . “[t]his principle, also known as the ‘person aggrieved’ doctrine, limits standing to persons with a financial stake in the bankruptcy court’s order.” Id.
- Lyndon Prop. Ins. v. Katz, 196 F. App'x 383 (6th Cir. 2006).unpublished Group, Inc., 77 F.3d 880, 882 (6th Cir.1996).
- In re Erin Farms v., No. 04-8096 (B.A.P. 6th Cir. Dec. 7, 2005).unpublishedGroup, Inc., 77 F.3d 880, 882 (6th Cir. 1996)).
- Smith v. Fairbanks Capital Corp. (In re Smith), 299 B.R. 687 (Bankr. S.D. Ga. 2003).publishedGroup, Inc., 77 F.3d 880, 882 (6th Cir.1996); Willemain v. Kivitz, 764 F.2d 1019, 1022 (4th Cir.1985).
- Monus v. Lambros (In re Monus), 63 F. App'x 215 (6th Cir. 2003).unpublished Group, Inc., 77 F.3d 880, 882 (6th Cir.1996).
- Nangle v. Surratt-States (In re Nangle), 288 B.R. 213 (B.A.P. 8th Cir. 2003).published Group, Inc., 77 F.3d 880, 882 (6th Cir. 1996)).
- Travelers Cas. & Sur. v. Corbin (In re First Cincinnati, Inc.), 286 B.R. 49 (B.A.P. 6th Cir. 2002).published Group, Inc., 77 F.3d 880, 882 (6th Cir. 1996).
- Monus v. Lambros, 286 B.R. 629 (N.D. Ohio 2002).publishedId. at 882.
- Westwood Cmty. Two Ass'n v. Barbee, 293 F.3d 1332 (11th Cir. 2002).publishedGroup, Inc., 77 F.3d 880, 882 (6th Cir.1996)).
- Harker v. Troutman, No. 00-4325 (6th Cir. Mar. 15, 2002).publishedGroup, Inc., 77 F.3d 880, 882 (6th Cir. the so-called shareholder standing rule, the “longstanding 1996).
- In re Troutman Enter., Inc., Debtor. Donald F. Harker Iii, Tr. v. Rufus Troutman, Terry Troutman, & Lester Troutman, 286 F.3d 359 (6th Cir. 2002).publishedGroup, Inc., 77 F.3d 880, 882 (6th Cir.1996).
- Sec. & Exch. Comm'n v. Basic Energy & Affiliated Resources, Inc., 273 F.3d 657 (6th Cir. 2001).publishedGroup, Inc., 77 F.3d 880, 882 (6th Cir. 1996).
- SEC v. Basic Energy, No. 00-1472 (6th Cir. Dec. 3, 2001).publishedGroup, Inc., 77 F.3d 880, 882 (6th The Eleventh Circuit’s opinion in SEC v. Elliott, 953 F.2d Cir. 1996).
- Sec. & Exch. Comm'n v. Basic Energy & Affiliated Resources, Inc., 273 F.3d 657 (6th Cir. 2001).publishedGroup, Inc., 77 F.3d 880, 882 (6th Cir.1996).
- Dworsky v. Canal Street Ltd. P'ship (In re Canal Street Ltd. P'ship), 269 B.R. 375 (B.A.P. 8th Cir. 2001).publishedGroup, Inc., 77 F.3d 880, 882 (6th Cir. 1996)). 5 Since the appellant Creditor is the holder of 50% of the Canal Bonds, he certainly meets the broad definition of a party in interest under § 1109(b) and the more constrained definition in A…
- In re Big Rivers Elec. Corp., 252 B.R. 676 (W.D. Ky. 2000).published
- Williams v. Marlar (In re Marlar), 252 B.R. 743 (B.A.P. 8th Cir. 2000).published
At page 883 Insufficient standing from potential bankruptcy litigation6 citing casesbeing "subject[ed] to the possibility of future litigation" by a bankruptcy court order is "insufficient to confer standing
- Roman Catholic Church of the Archdiocese of Santa & Associated Case in US Dist. Court, No. 18-13027 (Bankr. D.N.M. Feb. 4, 2021).(being “subject[ed] to the possibility of future litigation” by a bankruptcy court order is “insufficient to confer standing)
- ACE Am. Ins. v. Old HB, Inc. (In re Old HB, Inc.), 525 B.R. 218 (S.D.N.Y. 2015).publishedEven if the possibility exists that ACE might have to defend against regulatory complaints and/or civil actions in the future, this does not give ACE standing to appeal the Bankruptcy Court’s Order. “[A] bankruptcy court’s order does not p…
- Moran v. LTV Steel Co, No. 06-4580 (6th Cir. Mar. 23, 2009).published Group, Inc., 77 F.3d 880, 882 (6th Cir. 1996).
- Moran v. LTV Steel Co. (In re LTV Steel Co.), 560 F.3d 449 (6th Cir. 2009).published Bank, 77 F.3d at 882.
- Hyundai Translead v. Jackson Truck, No. 07-5891 (6th Cir. Feb. 6, 2009).published Group, Inc., 77 F.3d 880, 882 (6th Cir. 1996), we applied the doctrine to the question of whether the appellants had standing to appeal a district court’s order in a federal receivership action.
- Hyundai Translead, Inc. v. Jackson Truck & Trailer Repair, Inc. (In re Trailer Source, Inc.), 555 F.3d 231 (6th Cir. 2009).published Group, Inc., 77 F.3d 880, 882 (6th Cir.1996), we applied the doctrine to the question of whether the appellants had standing to appeal a district court's order in a federal receivership action.
v.
M.M. GROUP, INC., Robert Casagrande Tel Lease, Inc., Robert J. Maccini, Receiver-Appellee
Defendants, Robert Casagrande and Tel Lease, Inc., appeal from a District Court order permitting the receiver of the M.M. Group (“MMG”) to abandon MMG’s fraudulent conveyance claim against Tel Lease. We dismiss this appeal on the grounds that appellants do not have standing to challenge the District Court’s order.
I.
This receivership action commenced when Fidelity Bank sought damages against MMG arising out of MMG’s default of its debt obligations. By consent order, the District Court appointed a federal receiver to administer MMG’s estate. In an action that was ultimately consolidated with the receivership action, Haley, Bader & Potts (“HBP”), an unsecured creditor of MMG, sued MMG, MMG’s affiliate Tel Lease, and Robert Cas-agrande, a Tel Lease principal and shareholder, alleging that MMG’s sale of three radio stations to Tel Lease was for less than adequate consideration.
HBP agreed to abandon its fraudulent conveyance claim against MMG in exchange for MMG’s assignment of its rights to pursue the fraudulent transfer claim against Tel Lease. Accordingly, the receiver moved to abandon the receivership estate’s fraudulent transfer claim against Tel Lease. Despite Tel Lease’s and Casagrande’s objections, the District Court granted the receiver the authority to abandon the claim.
Claiming that because the fraudulent transfer claim “does not exist,” it is not[*882] property of the receivership estate that the District Court can authorize the receiver to abandon, defendants Tel Lease and Casa-grande appeal from that order. Because we conclude that appellants do not have standing to appeal from the District Court’s order permitting the receiver to abandon its fraudulent conveyance claim against Tel Lease, we do not reach the merits of appellants’ appeal.
II.
We have found, and the parties have identified, no cases that explicitly set forth the criteria governing whether a litigant has standing to appeal from an order entered in a federal receivership action. However, given that a primary purpose of both receivership and bankruptcy proceedings is to promote the efficient and orderly administration of estates for the benefit of creditors, we find it appropriate and helpful to refer to the rules governing appellate standing in bankruptcy proceedings. See Unisys Fin. Corp. v. Resolution Trust Corp., 979 F.2d 609, 611 (7th Cir.1992) (referring to principles of bankruptcy law to determine whether a creditor had an enforceable security interest in the property of a receivership estate established under federal banking laws).
To appeal from an order of the bankruptcy court, appellants must have been directly and adversely affected pecuniarily by the order. Travelers Ins. Co. v. H.K. Porter Co., Inc., 45 F.3d 737, 741 (3d Cir.1995); Tilley, B & C Equities v. Vucurevich (In re Pecan Groves of Arizona), 951 F.2d 242, 245 (9th Cir.1991); Morgenstern v. Revco D.S., Inc. (In re Revco D.S., Inc.), 898 F.2d 498, 499 (6th Cir.1990); In re El San Juan Hotel, 809 F.2d 151, 154-55 (1st Cir.1987). This principle, also known as the “person ag grieved” doctrine, limits standing to persons with a financial stake in the bankruptcy court’s order. In re Revco D.S., Inc., 898 F.2d at 499. Only when the order directly diminishes a person’s property, increases his burdens, or impairs his rights will he have standing to appeal. Depoister v. Mary M. Holloway Found., 36 F.3d 582, 585 (7th Cir.1994); Gen. Motors Acceptance Corp. v. Dykes (In re Dykes), 10 F.3d 184, 187-88 (3d Cir.1993); In re El San Juan Hotel, 809 F.2d at 154-55.
Rejecting the application of bankruptcy standing rules to receiverships, appellants argue that Sec. and Exch. Comm’n v. Elliott, 953 F.2d 1560 (11th Cir.1992), Morrison-Knudsen v. CHG Int’l Inc., 811 F.2d 1209 (9th Cir.1987), and Sec. and Exch. Comm’n v. Hardy, 803 F.2d 1034 (9th Cir.1986), evidence that appellants in receivership cases are not bound by bankruptcy’s special standing rules. In each of those cases, however, it is clear that the courts applied principles of standing that were consistent with those of bankruptcy law. See Elliott, 953 F.2d at 1566 (entertaining receivership estate’s claimants’ due process objections to the district court’s administration of the estate); Morrison-Knudsen Co., Inc., 811 F.2d at 1213 (dismissing appellants’ appeal from the dismissal of certain claims on the basis that appellants had only an indirect financial stake in those claims); Hardy, 803 F.2d at 1038-40 (reviewing a district court’s denial of receivership estate’s claimants’ request for leave to file late Investor Claim Forms). Only when the appellants had direct financial interests did these courts address the merits of their claims. Therefore, we reject appellants’ suggestion that principles of bankruptcy standing are foreign to the receivership context.
III.
Whether an appellant is a person aggrieved is a question of fact for the district court. Depoister, 36 F.3d at 585; Gen. Motors Acceptance Corp., 10 F.3d at 188. Although the District Court did not consider whether appellants are persons aggrieved, the relevant facts and evidence are before us. Thus, we consider it proper to address the issue ourselves. See In re El San Juan Hotel, 809 F.2d at 154 n. 3.
Assuming that bankruptcy standing rules apply in the receivership context, appellants first argue that they have standing because they are parties to the adversary proceeding. We reject appellants’ argument. Appellants are parties to the receivership action not because they are creditors of MMG but instead because HBP alleged that[*883] they were a party to a fraudulent conveyance. They are adversaries to HBP in the context of the fraudulent conveyance claim, a proceeding ancillary to the receivership action. However, because they do not claim entitlement to the estate’s assets, they are not adversaries of MMG for purposes of determining the property of the estate. Thus, they are not adversaries in the context of the receiver’s motion to abandon the fraudulent conveyance claim.
Next, appellants suggest that they have been aggrieved by the District Court’s order. They claim that by granting the motion to abandon, the District Court in effect sanctioned the pursuit of a “non-existent cause of action” that they may have to defend in the future, a result appellants characterize as unfair, absurd, and unconscionable.
We reject appellants’ suggestion that the District Court’s order “gives life to the nonexistent claim.” On the contrary, by granting the receiver the authority to abandon its claim against Tel Lease, the District Court implicitly agreed with the receiver that the costs of pursuing the fraudulent transfer claim exceeded its likely benefits. That finding does not sanction the cause of action or encourage others to pursue it. In fact, it is more likely to have the opposite effect. Taken to its logical extreme, appellants’ argument suggests that whenever a court allows a litigant to dismiss an action it in effect legitimizes the claim. That is simply not the case.
Furthermore, appellants suggest that the District Court order aggrieves them by subjecting them to the possibility of future litigation related to the fraudulent transfer claim. However, they put forth no evidence that there is a likelihood that they will be subject to future litigation. Moreover, this interest is remote and consequential rather than direct and immediate, and thus insufficient to confer standing. See Travelers Ins. Co., 45 F.3d at 742 (finding that potential exposure to prosecution of claims is not sufficient to confer appellate standing in bankruptcy litigation).
Finally, the District Court’s order does not impair appellants’ ability to defend themselves in future suits. Those defenses that would have been available to them in a claim pursued by the receiver will still be available in future suits. At most, the District Court’s order had the effect of transferring the litigation to a context outside the scope of the receivership action. This potential change of forum, however, does not burden appellants such as to afford them standing to appeal this order.
Because the District Court’s order did not diminish appellants’ property, increase their burdens, or impair their rights, Tel Lease and Casagrande are not proper appellants in this court. Therefore, their appeal will be dismissed.
IV.
For the reasons stated, we find that the appellants have no standing to appeal the District Court’s order granting the receiver the authority to abandon the receivership estate’s fraudulent conveyance claim against Tel Lease, and thus, we dismiss their appeal.