1 While Plaintiff asserts that his bankruptcy petition was filed October 14, 2006, I have
confirmed that the actual filing date is October 14, 2005.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Wiley Y. Daniel
Civil Action No. 06cv01547WYDMJW
SHERRON L. LEWIS, JR.,
Plaintiff,
v.
AURORA LOAN SERVICES, INC.,
Defendant.
ORDER
THIS MATTER is before the Court on a review of the Complaint. Plaintiff admits
therein that he is a debtor in a Chapter 7 petition, case number 0545913MER filed in
the United States Bankruptcy Court for the District of Colorado. Compl. ¶ 1. The Voice
Case Information System of the Bankruptcy Court states that the case is still pending
and a Trustee, Jennifer M. McCallum, has been assigned.1
Based on the foregoing, the claims at issue herein appear to be part of the
bankruptcy estate. Plaintiff has not alleged that the Trustee abandoned these claims,
and the Trustee is not a party to this action. Consequently, Plaintiff does not have
standing to pursue the claims in this case, and the case is dismissed without prejudice.
The action may be refiled if the Plaintiff demonstrates that the Trustee abandoned the
claims, by the Trustee if she so chooses, or after the bankruptcy proceeding is
Case 1:06-cv-01547-WYD Document 5 Filed 08/15/2006 Page 1 of 2
Lewis v. Aurora Loan Services, Inc.
Doc. 5
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terminated.
In conclusion, it is
ORDERED that this case is DISMISSED WITHOUT PREJUDICE due to lack of
standing by the Plaintiff. It is
FURTHER ORDERED that the Clerk of Court is directed to mail a copy of this
Order to counsel for the Trustee as follows:
John Cardinal Parks
MCELVOY, DEUTSCH, MULVANEY & CARPENTER, LLP
1700 Broadway, Suite 1900
Denver, CO 802901901
Dated: August 15, 2006
BY THE COURT:
s/ Wiley Y. Daniel
Wiley Y. Daniel
U. S. District Judge
Case 1:06-cv-01547-WYD Document 5 Filed 08/15/2006 Page 2 of 2