IN RE ESTATE OF MAY (Bankr.E.D.Mich. 3-7-2008)

In re: THE ESTATE OF THE ASSIGNMENT FOR THE BENEFIT OF CREDITORS OF EDWARD PAUL MAY, Chapter 11, Debtor. THE ESTATE OF THE ASSIGNMENT FOR THE BENEFIT OF CREDITORS OF EDWARD PAUL MAY, Plaintiff, v. E-M MANAGEMENT CO. L.L.C., et al. Defendants.

Case No. 07-60543, Adv. Pro. No. 07-6651.United States Bankruptcy Court, E.D. Michigan, Southern Division.
March 7, 2008

ORDER DENYING CREDITOR GEORGE K. ALLAN’S MOTION TO DISMISS AMENDED COMPLAINT
THOMAS TUCKER, Bankruptcy Judge

This case is before the Court on “Creditor George K. Allan’s Motion To Dismiss Amended Complaint for Substantive Consolidation,” filed on March 4, 2008 (Docket # 23). The Court has reviewed this motion sua sponte, and concludes that a hearing is not necessary. The movants, George K. Allan and Johanna Brish, are not parties to this adversary proceeding. They are neither plaintiffs nor defendants. Nor have they sought or been granted permission to intervene in this adversary proceeding. Movants therefore have no standing to file or prosecute this motion.[1]
Accordingly,

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IT IS ORDERED that “Creditor George K. Allan’s Motion To Dismiss Amended Complaint for Substantive Consolidation” (Docket # 23) is DENIED, without prejudice to a refiling of the motion if and after the Movants are granted permission to intervene in this adversary proceeding under Fed.R.Civ.P. 24 (which applies in this adversary proceeding under Fed.R.Bankr.P. 7024).

[1] Though this adversary proceeding is related to the main Chapter 11 bankruptcy case in which movants claim to be creditors (Case No. 07-60543), this adversary proceeding is a separate action.

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