Ogle v. CHW, LLC
Opinion
Henry T. Ogle appeals from the district court’s order dismissing his appeal from the bankruptcy court’s order lifting the automatic stay in the underlying bankruptcy proceeding and allowing a foreclosure to proceed. Ogle, an attorney, is not a creditor of the bankruptcy estate as he has never filed a proof of claim and the time for doing so has expired. Moreover, the bankruptcy court denied Ogle permission to appear and represent Grand Ridge Corporation, and sanctioned him for attempting to do so. Therefore, we find that Ogle lacks standing to pursue this appeal and, accordingly, grant the Appellee’s motion to dismiss the appeal. See Nationwide Mut. Fire Ins. Co. v. Eason, 736 F.2d 130, 34 (4th Cir. 1984) (challenge to bankruptcy court’s disposition must be made by those with requisite stake in the outcome). We deny the Appellee’s motion for sanctions and dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
DISMISSED.
Reference
- Full Case Name
- In Re GRAND RIDGE CORPORATION, Successor to Enterprize Park Corporation, Debtor. Henry T. Ogle, Appellant, v. CHW, LLC, Creditor-Appellee, Chrysler Financial; DaimlerChrysler Services North America L.L.C.; Ford Motor Credit Company; American Express Centurion Bank; CIT Group/Equipment Financing, Incorporated; The Cincinnati Insurance Company, Creditors, and United States Trustee, Party in Interest
- Status
- Unpublished