IN MATTER OF WHEATLEY (Bankr.N.D.Ind. 2006)


IN THE MATTER OF: CHARLES H. WHEATLEY REGINA M. WHEATLEY

Case No. 05-40643.United States Bankruptcy Court, N.D. Indiana, Hammond Division, Lafayette.
May 19, 2006

DECISION AND ORDER
ROBERT GRANT, Bankruptcy Judge

In this chapter 7 case, the trustee has filed a motion asking the court to order the debtors to deliver a number of items of personal property to her. A creditor of the debtors — Jan Pete Walker — has filed an objection to the trustee’s motion. The court is not at all certain why Mr. Walker objects to the trustee trying to take possession of the property of the bankruptcy estate so that she can liquidate it in an effort to make some kind of distribution to creditors. See, 11 U.S.C. § 704(a)(1). The court does not, however, need to try to answer this riddle. The order that the trustee has asked the court enter will be directed to the debtors, not to Mr. Walker, and that order will not directly affect Mr. Walker in any way, shape or form. As a result, he lacks standing to object to the trustee’s motion,see, In re Cult Awareness Network, Inc., 151 F.3d 605 (7th Cir. 1998); Matter of Andreuccetti, 975 F.2d 413, 416 (7th Cir. 1992); In re Dykes, 10 F.3d 184, 188 (3rd Cir. 1993), and his objection is therefore OVERRULED.

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